Title 17 — ZONING

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Title 17 - ZONING Chapter 17.04 - COUNTY LAND USE*

Sections:

This chapter shall be known as, and may be cited as, the "Riverside County Land Use Ordinance."

(Ord. 348.4573 § 1.1, 2008)

Pursuant to Section 65100 et seq. of the Government Code, the planning agency for Riverside County shall consist of the county board of supervisors, the county planning commission and the planning department. The planning agency shall perform all functions required by state law and this chapter.

(Ord. 348.4573 § 1.2, 2008)

The board of supervisors shall consist of five members elected in the manner provided by law. The board shall perform the duties and functions specified by state law and this chapter including, but not limited to, the duties related to legislative matters and the duties related to the appeal of quasi-judicial matters. The board shall also perform those planning and zoning duties and functions which are not expressly delegated or reserved to another body or officer.

(Ord. 348.4573 § 1.3, 2008)

A.

The county planning commission shall consist of five members. Each member of the board of supervisors shall recommend that a resident of his or her district be appointed to the commission; provided, however, the appointments to the commission shall require the affirmative vote of not less than a majority of the entire membership of the board.

B.

Members of the commission shall be appointed for a four-year term. Notwithstanding the specified term of four years for a member of the commission, a member shall not remain eligible to remain on the commission should the member of the board of supervisors from the district which the commission member was appointed ceases to be a member of the board of supervisors or if a commission member moves his or her residence out of the district from which he or she was appointed, and in either such situation membership shall automatically terminate upon the appointment by the board of a new member to fill the remainder of the unexpired term. The term of two commissioners shall expire on June thirtieth of the same year and the term of three commissioners shall expire on June thirtieth, two years thereafter.

C.

The commission shall elect one member as chairman and one as vice-chairman, to hold office at the pleasure of the members. Three members shall be a quorum and three affirmative votes shall be required to carry a motion. The commission shall hold at least one regular meeting per month.

D.

The commission shall perform those planning and zoning duties specified by state law or ordinance, including, but not limited to, the duties related to legislative matters and the duties related to quasi-judicial matters and appeals thereof.

E.

Members of the county planning commission shall receive such compensation as may be fixed by or pursuant to the salary ordinance. Commission members shall also receive travel expenses for attending commission meetings, and other authorized travel, as may be fixed by or pursuant to the salary ordinance.

(Ord. 348.4573 § 1.4, 2008)

The planning department shall be headed by a planning director who shall be appointed by the director of the transportation and land management agency to hold office at his or her pleasure, and shall include a staff of employees under his or her direction as provided by or pursuant to the salary ordinance. The planning department shall provide technical and clerical assistance to the county planning commission and shall perform functions related to planning, zoning and land divisions as may be required by state law, ordinance or order of the board of supervisors.

(Ord. 348.4573 § 1.5, 2008)

17.04.060 - Notice of hearing by publication.

A.

When a provision of this chapter requires notice of a public hearing to be given pursuant to this section, notice shall be published once in at least one newspaper of general circulation within the county at least ten (10) days prior to the hearing.

B.

The notice shall include the information specified in section 17.04.100 of this chapter.

C.

In addition to the notice required by this section, the planning director may direct that notice of the hearing be given in any other manner deemed necessary or desirable. The failure of any person or entity to be given such optional additional notice pursuant to this subsection, or to receive any such notice, shall not constitute grounds for the invalidation of any action of the county.

D.

Whenever the county considers the adoption or amendment of policies or ordinances affecting drivethrough facilities, the county shall incorporate, where necessary, notice procedures to the blind, aged, and disabled communities in order to facilitate their participation. Such notice shall be satisfied by providing mailed notice of hearing to at least one organization which works with the blind community, at least one organization which works with the aged community, and at least one organization which works with the disabled community.

(Ord. 348.4573 § 1.6, 2008)

A.

When a provision of this chapter requires notice of a public hearing to be given pursuant to this section, notice shall be given in all of the following ways:

1.

Notice of the hearing shall be mailed or delivered at least ten (10) days prior to the hearing to the owner of the subject real property as shown on the latest equalized assessment roll. Instead of using the assessment roll, the county may use records of the county assessor or tax collector if those records contain more recent information than the information contained on the assessment roll. Notice shall also be mailed to the owner's duly authorized agent, if any, and to the project applicant;

2.

Notice of the hearing shall be mailed or delivered at least ten (10) days prior to the hearing to each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected;

3.

Notice of the hearing shall be mailed or delivered at least ten (10) days prior to the hearing to all owners of real property as shown on the latest equalized assessment roll within three hundred (300) feet of the real property that is the subject of the hearing. In lieu of using the assessment roll, the county may use records of the county assessor or tax collector which contain more recent information than the assessment roll. If the number of owners to whom notice would be mailed or delivered pursuant to this subsection or subsection (A)(1) is greater than one thousand (1,000), the county, in lieu of mailed or delivered notice, may

provide notice by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation within the county at least ten (10) days prior to the hearing;

4.

If the notice is mailed or delivered pursuant to subsection (A)(3), the notice shall also be published once in at least one newspaper of general circulation within the county at least ten (10) days prior to the hearing.

B.

The notice shall include the information specified in section 17.04.100 of this chapter.

C.

In addition to the notice required by this section, the planning director may direct that notice of the hearing be given in any other manner deemed necessary or desirable. The failure of any person or entity to be given such optional additional notice pursuant to this subsection, or to receive any such notice, shall not constitute grounds for the invalidation of any action of the county.

D.

Whenever a hearing is held regarding a permit for a drive-through facility, or modification of an existing drive-through facility permit, the county shall incorporate, where necessary, notice procedures to the blind, aged, and disabled communities in order to facilitate their participation in any hearing on, or appeal of the denial of, a drive-through facility permit. Such notice shall be satisfied by providing mailed notice of hearing to at least one organization which works with the blind community, at least one organization which works with the aged community, and at least one organization which works with the disabled communities.

(Ord. 348.4573 § 1.7, 2008)

When a provision of this chapter requires notice of a public hearing to be given pursuant to section 17.04.060 or 17.04.070, the notice shall also be mailed or delivered at least ten (10) days prior to the hearing to any person who has filed a written request for notice with the planning director accompanied by the fees set forth in County Ordinance No. 671. Any such request for notice shall expire after one year unless renewed by the filing of a new request accompanied by the fees set forth in County Ordinance No. 671.

(Ord. 348.4573 § 1.8, 2008)

17.04.090 - Failure to receive mandatory notice; failure to give or receive optional additional notice.

The failure of any person or entity to receive notice required to be given pursuant to this chapter shall not constitute grounds for any court to invalidate the actions of the county for which the notice was given. The failure of any person or entity to be given optional additional notice pursuant to either section 17.04.060(C) or section 17.04.070(C) of this chapter, or to receive any such notice, shall not constitute grounds for the invalidation of any action of the county.

(Ord. 348.4573 § 1.9, 2008)

As used in this chapter, "notice of a public hearing" means a notice that includes the date, time, and place of a public hearing, the identity of the hearing body or officer, a general explanation of the matter to be considered, and a general description, in text or by diagram, of the location of the real property, if any, that is the subject of the hearing.

(Ord. 348.4573 § 1.10, 2008)

Any public hearing conducted under this chapter may be continued from time to time. No additional notice of public hearing shall be required for a continued public hearing.

(Ord. 348.4573 § 1.11, 2008)

A.

Reasonable accommodation. This section provides a procedure to request reasonable accommodations in land use and zoning regulations for persons with disabilities seeking equal access to housing under the Federal Fair Housing Act and the California Fair Employment and Housing Act.

1.

A request for reasonable accommodation may be made by any person with a disability as defined by the Federal Fair Housing Act and the California Fair Employment and Housing Act, their representative, or developer of housing for individuals with disabilities when the application of a requirement of this ordinance acts as a barrier to fair housing opportunities.

2.

A request for reasonable accommodation shall be submitted on an application form provided by the planning department.

3.

A request for reasonable accommodation may include a modification or exception to the requirements or standards for the sitting, development and use of housing or housing related facilities that would eliminate a regulatory barrier and provide a person with a disability equal opportunity to housing of their choice.

4.

A reasonable accommodation is granted to the household that needs the accommodation and does not apply to successors in interest to the site.

5.

A reasonable accommodation does not affect an individual's obligation to comply with other applicable regulations not at issue in the requested accommodation.

6.

The planning director, with consultation with the Office of County Counsel, shall review a reasonable accommodation request within forty-five (45) days of the request being deemed complete and approve, conditionally approve or deny the request based on the following:

a.

Whether the housing in the request will be used by an individual considered disabled under the Federal Fair Housing Act and the California Fair Employment and Housing Act;

b.

Whether the request for reasonable accommodations is necessary to make specific housing available to an individual considered disabled;

c.

Whether the request would impose an undue financial or administrative burden on the county;

d.

Whether the request would require a fundamental alteration in the nature of a county program or law; including but not limited to land use and zoning;

e.

Potential impact on surrounding uses;

f.

Physical attributes of the property and structures; and

g.

Other reasonable accommodations that may provide an equivalent level of benefit.

7.

The planning director shall provide a copy of an approved reasonable accommodation request to the department of building and safety department and the code enforcement department.

B.

Notice of determination. The planning director's determination shall be mailed to the applicant and to any person who has made a written request for a copy of the determination. The planning director's determination is final unless the determination is appealed pursuant to subsection (C) set forth below.

C.

Appeal.

1.

Within ten (10) calendar days of the date of the planning director's determination, an applicant may appeal the determination.

2.

Appeals shall be made in writing on the form provided by the planning department along with the required filing fee. The written appeal shall include a statement of facts supporting the appeal.

3.

Upon timely receipt of an appeal, a hearing shall be set for a date not less than ten (10) calendar days, but not more than thirty (30) calendar days from the date the appeal was received. Written notice of the hearing shall be sent to the planning director and applicant appealing the planning director's determination.

4.

The county hearing officer appointed by the board of supervisors pursuant to Ordinance No. 643 shall preside over the hearing.

5.

At the hearing, the county hearing officer shall receive testimony and evidence from the planning director, the applicant, or their representatives, and any other concerned persons who may desire to speak at the hearing. The county hearing officer shall not be limited to the technical rules of evidence and may continue the hearing from time to time.

6.

Within thirty (30) calendar days of concluding the hearing, the county hearing officer shall make his decision and provide it in writing to the applicant, planning director, code enforcement department and the building and safety department.

7.

The decision of the county hearing officer shall be final.

(Ord. No. 348.4835, § 2, 6-21-2016)

In the event there is an inconsistency between the tables contained in this ordinance and the text of this ordinance, the ordinance text controls and shall be applied to land use permit applications.

(Ord. No. 348.4898, § 5, 10-23-2018)

For the purpose of this ordinance, certain words and terms used herein are herewith defined:

When not inconsistent with the context, words used in the present tense include the future tense; words in the singular number include the plural number and words in the plural number include the singular number. The masculine gender includes the feminine and neuter gender. The word "shall" is always mandatory and not merely directory. The word "may" is permissive.

"Accessory building." A subordinate building on the same lot or building site, the use of which is incidental to that of the principal building. A mobilehome shall constitute a principal building where installed as provided in section 17.260.030 or section 17.260.040 of this ordinance. A second unit, as defined by state law and this ordinance, shall not constitute an accessory building. (Ord. 348.2358, 07-31-1984; Ord. 348.4179, 04-13-2004; Ord. 348.4481, 03-27-2008)

"Accessory use." A use customarily incidental and accessory to the principal use of a lot or a building located upon the same lot or building site. The provisions of this section do not apply in the A-1, A-P, A-2 and A-D Zones. (Ord. 348.2358, 07-31-1984)

"Agricultural crop." Any cultivated crop grown and harvested for commercial purposes, except cannabis and other controlled substances, which are defined and classified separately.

"Agricultural cultivation." The act of preparing the soil for the raising of agricultural crops.

"Agricultural zone." Zones A-1, A-P, A-2, A-D, C/V, WC-W, WC-WE, WC-E.

"Alcoholic beverage." Alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, wine, or beer, and which contains one-half of 1 percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances. "Alcoholic beverage" does not include "powdered alcohol," as defined in Section 23003.1 of California Business and Professions Code.

"A-License." A state license issued for cannabis or cannabis products that are intended for adults who are 21 years of age and older and who do not possess a physician's recommendation.

"Alley." A public or private thoroughfare or way, permanently reserved and having a width of not more than twenty (20) feet, which affords only a secondary means of access to abutting property.

"Alternate access." A public road or driveway constructed pursuant to appropriate county standards with no restrictions. Ord. 348.3032, 06-06-89)

"Apartment." A room or suite of two or more rooms in a multiple dwelling, occupied or suitable for occupancy as a residence for one-family.

"Apartment house." A building or portion thereof designed for or occupied by two or more families living independently of each other.

"Assembly area, net." The area of a structure which does not include foyers, corridors, restrooms, kitchens, storage and other areas not used for the assembly of people. (Ord. 348.3773, 07-04-96)

"Auction." The sale of new and used merchandise offered to bidders by an auctioneer for money or other consideration.

"Automatic control timer." A mechanical or solid state timer, capable of operating valve stations to set the days and length of time of a water application. (Ord. 348.3446, 07-21-92)

"Automobile storage space." A permanently maintained space on the same lot or building site as the use it is designed to serve, having an area of not less than one hundred sixty (160) square feet with a minimum width of eight feet for each stall and so located and arranged as to permit the storage of, and be readily accessible to, a passenger automobile under its own power.

"Automobile wrecking." The dismantling or wrecking of motor vehicles or trailers, or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles or their parts, outside of an enclosed building, but not including the incidental storage of vehicles in connection with the operation of a repair garage, providing the repair period of any one vehicle does not exceed sixty (60) days, and not including the active noncommercial repair of one personal motor vehicle within a one hundred twenty-day period.

"Basement." A story partly underground and having at least one-half its height measured from its floor to its finished ceiling, below the average adjoining grade. A basement shall be counted as a story if the vertical distance from the average adjoining grade to its finished ceiling is over five feet.

"Board of supervisors." The Board of Supervisors of the County of Riverside.

"Boarding, rooming or lodging house." A residence or dwelling unit, or part thereof, where a room or rooms are rented under two or more separate written or oral rental agreements, leases, subleases or combination thereof, whether or not the owner, agent or rental manager resides within the residence, on a monthly or greater basis. A boarding, rooming or lodging house does not include sober living homes or residential facilities, residential care facilities, residential care facilities for the elderly and alcohol or drug abuse treatment facilities serving six or fewer persons.

"Building." A structure having a roof supported by columns or walls. (See "structure".)

"Building height." The vertical distance measured from the average level of the highest and lowest points of that portion of the lot covered by the building to the uppermost portion of the building.

"Building site." The ground area of a building or buildings together with all open spaces adjacent thereto, as required by this ordinance.

"Bungalow court." Two or more dwelling units detached or connected.

"Building setback line." The distance between the proposed building line and the highway line or permanent access easement located on the same lot.

"Building, main." A building in which is conducted the principal use of the lot on which it is situated. In any residential district, any dwelling shall be deemed to be the main building on the lot on which the same is situated.

"Cannabis." All parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, or any other strain or varietal of the genus Cannabis that may exist or hereafter be discovered or developed that has psychoactive or medicinal properties, whether growing or already harvested, including the seeds thereof. "Cannabis" also means cannabis as defined by Business and Professions Code Section 26001 and Health and Safety Code Section 11018. "Cannabis" does not mean "industrial hemp" as defined by Food and Agricultural Code Section 81100 or Health and Safety Code Section 11018.5. For the purpose of this section, cannabis is not a crop.

"Cannabis, adult-use." Cannabis and any cannabis product intended to be sold for use by adults 21 years or older pursuant to state law.

"Cannabis cultivation." Any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.

"Cannabis cultivation area." The area on a lot where cannabis is planted, grown, harvested, dried, cured, graded, or trimmed or that does all or any combination of these activities.

"Cannabis delivery." The commercial transfer of cannabis or cannabis products from a cannabis retailer or cannabis microbusiness engaged as a cannabis retailer with an approved conditional use permit and Type

9 State license, up to an amount allowed by the State of California Department of Cannabis Control, to a primary caregiver, qualified patient, or customer at a physical address in California in compliance with all state laws and regulations.

"Cannabis distribution." The procurement, sale, and transport of cannabis and cannabis products between commercial cannabis activity licensees.

"Cannabis distribution facilities." A facility engaged in the storage of cannabis or cannabis products, for later distribution to permitted and licensed cannabis manufacturing facilities, cannabis testing facilities, or cannabis retailers.

"Cannabis manufacturing." The compounding, blending, extracting, infusing, or otherwise making or preparing a cannabis product and includes any processing, preparing, holding, or storing of components and ingredients.

"Cannabis manufacturing facility." A facility requiring a state manufacturing license, that processes, produces, prepares, propagates, holds, stores, packages, labels or compounds cannabis or cannabis products either directly or indirectly or by extraction and/or infusion methods, or independently by means of chemical synthesis or by a combination of extraction and/or infusion and chemical synthesis, using nonvolatile or volatile organic compounds, as applicable to the state license, at a fixed location, that packages or repackages cannabis or cannabis products, or labels or relabels its containers.

ts either directly or indirectly or by extraction and/or infusion methods, or independently by means of chemical synthesis or by a combination of extraction and/or infusion and chemical synthesis, using nonvolatile or volatile organic compounds, as applicable to the state license, at a fixed location, that packages or repackages cannabis or cannabis products, or labels or relabels its containers.

"Cannabis, medicinal." Cannabis or cannabis product intended to be sold or donated for use pursuant to the Compassionate Use Act of 1996 (Proposition 215), found in Section 11362.5 of the Health and Safety Code, by a patient in California who possesses a physician's recommendation for cannabis for medical purposes, or in compliance with any compassionate use, equity, or other similar program administered by a local jurisdiction.

"Cannabis microbusiness facility." A facility that is engaged in at least three of the following commercial cannabis activities: Indoor cannabis cultivation less than ten thousand (10,000) square feet, cannabis manufacturing (with non-volatile compounds), cannabis distribution, or cannabis retailer.

"Cannabis owner." A cannabis owner is any of the following:

1.

A person with an aggregate ownership interest of twenty (20) percent or more in the commercial cannabis activity for which a license or permit is being sought, unless the interest is solely a security, lien, or encumbrance.

2.

The chief executive officer of a nonprofit or other entity.

3.

A member of the board of directors of a nonprofit.

4.

An individual who will be participating in the direction, control, or management of the person applying for commercial cannabis activity permit or license.

"Cannabis package." Any container or receptacle used for holding cannabis or cannabis products.

"Cannabis plant, mature." A cannabis plant that is flowering, as defined by state law.

"Cannabis product, edible." Manufactured cannabis product that is intended to be used, in whole or in part, for human consumption, including, but not limited to, chewing gum, but excluding products set forth in Division 15 (commencing with Section 32501) of the Food and Agricultural Code. An edible cannabis product is not considered food, as defined by Section 109935 of the Health and Safety Code, or a drug, as defined by Section 109925 of the Health and Safety Code.

"Cannabis products." Cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients.

"Cannabis retailer." A facility where cannabis, cannabis products, or devices specifically for the use of cannabis or cannabis products are offered, either individually or in any combination, for retail sale and/or cannabis delivery.

"Cannabis testing facility." A laboratory, facility, or entity that offers or performs tests of cannabis or cannabis products.

"Cannabis transport." The transfer of cannabis or cannabis products from the permitted commercial cannabis activity location of one licensee to the permitted commercial cannabis activity location of another licensee, for the purposes of conducting commercial cannabis activities authorized pursuant to the California Business & Professions Code Sections 19300, et seq. and 26000.

"Cannabis wholesale nursery." A site that produces only clones, immature plants, seeds, or other agricultural products used specifically for the planting, propagation, and cultivation of cannabis. Cultivation as a cannabis wholesale nursery may be considered outdoor, indoor or mixed-light cultivation.

"Canopy." For purposes of chapter 17.302 only, the designated area or areas at a licensed premises that will contain mature cannabis plants at any point in time. Canopy shall be calculated in square feet and measured using clearly identifiable boundaries of all areas that will contain mature cannabis plants at any point in time, including all of the spaces within the boundaries.

"Car pool." Two or more people traveling together on a continuing and prearranged basis in a motor vehicle over routes tailored to accommodate rider needs.

"Camps." Any parcel or parcels of land used wholly or in part for recreational, educational, or religious purposes, accommodating five or more children or adults, that is operated as a day camp and/or a resident camp. (Ord. 348.2533, 11-12-85; Ord. 348.3053, 09-05-89)

"Cattery." Any building, structure, enclosure or premises whereupon, or within which ten (10) or more cats, four months of age or older, are kept or maintained.

a.

Class I cattery. Any building, structure, enclosure or premises whereupon, or within which, ten (10) to twenty-five (25) cats, four months of age or older, are kept or maintained.

b.

Class II cattery. Any building, structure, enclosure or premises whereupon, or within which, twenty-six (26) or more cats, four months of age or older, are kept or maintained.

"Certified recycling facility." A facility approved by the State of California to collect and redeem recyclable materials for a value not less than that which has been established by the state. (Ord. 348.3-47, 07-11-89)

"Clinic." A place used for the care, diagnosis and treatment of sick, ailing, infirm and injured persons and those who are in need of medical or surgical attention, but who are not provided with board or room, nor kept overnight on the premises.

"Club." A nonprofit association of persons who are bona fide members, paying regular dues, and are organized for some common purpose, but not including a group organized solely or primarily to render a service customarily carried on as a commercial enterprise.

"Commercial cannabis activity." The cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery or sale of cannabis and cannabis products as provided for in this division.

"Commercial poultry operation." The raising for profit of chickens, turkeys, ducks, geese or other fowls, but not including flocks of less than two hundred (200) birds, pigeons or smaller fowls, pets or hatcheries.

"Commercial retail corridor." Those corridor areas in the unincorporated area of Riverside County located within one-half mile from a designated freeway, including Interstate 10, Interstate 15, Interstate 215, State

Route 91, and State Route 60.

"Unduly concentrated corridor." A commercial retail corridor where the number of approved conditional use permits for cannabis retailers within that commercial retail corridor has reached a limit of one for each two thousand (2,000) inhabitants of the census tract in which the cannabis retailers are located.

"Commission." The Riverside County Planning Commission.

"Convenience zone." A geographical area designated by the State of California Department of Conservation which comprises a one-half mile radius around an established supermarket or grocery store with gross annual sales of $2,000,000.00 or more in underserved areas with no supermarket. (Ord. 348.3047, 07-11-89)

"Compensation." The word "compensation" means anything of value.

"Cool season turf grass." Turf grass which withstands winter cold and grows best during the cooler months of the year. Most types languish in hot, dry summers and are best adapted to cool regions or regions where marine influence tempers summer heat. Examples are bluegrasses, bents, fescues and ryegrasses. (Ord. 348.3446, 07-21-92)

"Cottage commercial." A dwelling wherein limited commercial uses are allowed provided that the commercial use is conducted entirely within the dwelling, that the use is secondary to the principal use of the dwelling as a residence, that the commercial use does not require substantial parking and circulation facilities, that the residential character of the exterior and interior of the dwelling is not changed, and that the combination of residential and commercial uses in one dwelling does not violate state and county sanitation requirements. The cottage commercial use must be compatible with the established neighborhood, and must be subject to plot plan or conditional use permit approval. No more than two persons may be employed on the premises in addition to the family residing in the dwelling. (Ord. 348.2535, 12-26-85; Ord. 348.2643, 12-16-86)

"Cottage food operation." A cottage food operation means an enterprise where an individual prepares or packages nonpotentially hazardous foods in his or her private home for sale to consumers and as it is defined in California Health and Safety Code Section 113758. The definitions set forth in Health and Safety Code Section 113758 are hereby incorporated herein by reference, as they are now enacted or hereafter amended. A private home as referenced in Section 113758 therein shall refer to and mean, as it applies to Ordinance No. 348, any lawfully constructed one-family, multiple family, factory built or manufactured dwelling units that are occupied and used by an individual(s) as a principal residence.

"County." The County of Riverside.

"Crop coefficiency." Is a correction factor, expressed as a decimal fraction, comparing the water consumption by a given plant species to the reference evapotranspiration or ETo. Reference evapotranspiration means a standard of measurement of environmental parameters which affect the water use of plants. Reference evapotranspiration is given in inches per day, month or year and is an estimate of the evapotranspiration of a large field of four-to-seven inch tall, cool-season grass that is well watered. Reference evapotranspiration is used as the basis of determining the maximum water allowances so that regional differences in climate can be accommodated. (Ord. 348.3446, 07-21-92)

"Crowing fowl." As used in this Ordinance, "crowing fowl" includes chickens, peafowl and guinea fowl. (Ord. 348.3954, 09-15-00)

"Dairy farm." A parcel or contiguous parcels of land used primarily to maintain cattle for the production of milk, including a building or buildings for milking, processing of milk produced on the premises, retail or wholesale sales and deliveries of such milk, and other buildings and structures incidental to the operation.

"Day care center." A facility of any capacity that provides nonmedical care to persons in need of personal services, supervision or assistance essential for sustaining the activities of daily living or for the proection of the individual on less than a twenty-four-hour basis, and which is either:

A.

Child day care center. A day care center which provides day care to children under eighteen (18) years of age, other than a family day care home. Child day care center includes infant centers, preschools, extended day care facilities, and school age child care centers.

B.

Adult day care center. A day care center which provides day care to persons 18 years of age or older.

(Ord. 348.3420, 05-05-92; Ord. 348.4596, § 32, 2-10-2009)

"Delivery." For purposes of chapter 17.302 only, the commercial transfer of cannabis or cannabis products to a customer.

"Development agreement." A development agreement with a person having a legal or equitable interest in real property for the development of such property pursuant to Government Code Section 65864 et seq., as now adopted or hereafter amended.

"Disposal service operations." Areas for the storage and maintenance of vehicles and equipment used in the collection, transportation, and removal of garbage and rubbish not including storage or dumping of garbage or rubbish. (Ord. 348.2669, 04-04-87)

"Draying, freighting and trucking operations." Business whose sole purpose is to move goods by truck as opposed to businesses which produce, store and then distribute goods such as manufacturers with warehouses and distribution centers. (See "warehousing and distribution".) (Ord. 348.3857, 05-06-99)

"Dune buggy park." An open area used by dune buggies or other all-terrain vehicles, for purposes such as, but not limited to hill climbing, trail riding, scrambling, racing and riding exhibitions.

"Dwelling." A building or portion thereof designed for or occupied exclusively for residential purposes including one-family and multiple dwellings but not including hotels, auto courts, boarding or lodging houses.

"Dwelling, bed and breakfast." A one-family dwelling where lodging and breakfast is provided for compensation and in which there are no more than five guest rooms. The use must be managed and operated solely by the owner of the property. Meals are not restricted to breakfast only, but no cooking

facilities shall be allowed in the guest rooms. A guest may not stay in the dwelling for more than 14 days in any calendar year. (Ord. 348.2535, 11-26-85)

"Dwelling units." A building or portion thereof used by one-family and containing but one kitchen.

"Dwelling unit, factory built." A factory built dwelling unit means a dwelling unit constructed in accordance with the Uniform Building Code and manufactured in such a manner that all concealed parts or processes of manufacture cannot be inspected before installation at the building site without disassembly, damage or destruction of the part. A factory built dwelling unit does not include a mobilehome, a mobile accessory building or structure, a recreational vehicle or a commercial coach. (Ord. 348.224, 01-05-84)

"Dwelling unit, manufactured." A manufactured dwelling unit means a residential structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities. A manufactured dwelling unit does not include a factory built dwelling unit, a mobile accessory building or structure, a recreational vehicle or a commercial coach. (Ord. 348.2244, 01-05-84)

"Dwelling, one-family." A building or structure, including a mobilehome or manufactured home, containing one kitchen and used to house not more than one-family, including domestic employees. (Ord. 348.2140, 11-26-82)

"Dwelling, multiple family." A building or portion thereof used to house two or more families, including domestic employees or each such family, living independently of each other, and doing their own cooking.

"Dwelling, resort." A building used exclusively for residential purposes, containing not more than two kitchens, with permanent interior means of access between all parts of the building, and located on a lot in a recorded subdivision with an average lot area of ten thousand (10,000) square feet or more. No such dwelling shall be erected unless as a part of the purchase price of the property the purchaser receives the privilege of use of recreational facilities such as golf courses, or polo fields, which facilities are adjacent to and a part of the residential development. No reduction of yard setbacks shall be permitted despite any other provisions of this ordinance.

10,000) square feet or more. No such dwelling shall be erected unless as a part of the purchase price of the property the purchaser receives the privilege of use of recreational facilities such as golf courses, or polo fields, which facilities are adjacent to and a part of the residential development. No reduction of yard setbacks shall be permitted despite any other provisions of this ordinance.

"Educational institutions." Public and private schools, whether nonprofit or operated for profit, providing instruction to either minors or adults including kindergartens, elementary schools, junior high schools, senior high schools, junior colleges, colleges, universities, professional schools and vocational schools. Day care centers and family day care homes shall not constitute educational institutions.

"Emergency access." A private drive or roadway constructed according to Section 17.188.040 of this ordinance, providing access to one or more buildings. The access may be gated and locked at one or both ends restricting traffic to emergency vehicles only. (Ord. 348.3032, 06-06-89)

"Emergency shelter." Housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person and where no individual or household may be denied emergency shelter because of an inability to pay.

"Employee housing." As defined in Health and Safety Code Section 17008, housing accommodations provided by an employer for five or more employees that are maintained or connected with any work or place where work is performed. Employee housing also includes housing accommodations or property

located in a rural area, as defined by Health and Safety Code Section 50101, provided by someone other than agricultural employer for five or more agricultural employees that are not maintained or connected with work or workplace. Housing accommodations may consist of any living quarters, dwelling, boardinghouse, tent, bunkhouse, maintenance of way car, mobile home, manufactured home, recreational vehicle, travel trailer, or other accommodations maintained in one or more buildings or one or more sites.

"Erected." The word "erected" includes built, built upon, added to, altered, constructed, reconstructed, moved upon, or any physical operations on the land, required for a building.

"Evapotranspiration." The quantity of water evaporated from adjacent soil surfaces, transpired by plants, and retained in plant tissue during a specific time. (Ord. 348.3446, 07-21-92)

"Family." One or more persons living together as a single housekeeping unit in a single dwelling unit.

"Farm." A parcel of land devoted to agricultural uses where the principal use is the propagation, care, and maintenance of viable plant and animal products for commercial purposes.

"Family day care home." A home which regularly provides care, protection, and supervision of fourteen (14) or fewer children, in the provider's own home, for periods of less than twenty-four (24) hours per day, while the parents or guardians are away, and includes the following:

a.

Large family day care home - A home that provides family day care to seven to fourteen (14) or fewer children, including children under the age of ten (10) years who reside at the home.

b.

Small family day care home - A home that provides family day care to eight or fewer children, including children under the age of ten (10) years who reside at the home.

(Ord. 348.3420, 05-05-92; Ord. 348.3955, 09-29-00; Ord. 348.4596, § 33, 2-10-2009)

"Fast track project." A development project designated as a fast track project by majority vote of the board of supervisors or by the assistant county executive officer/economic development agency (the EDA director) in accordance with the provisions of Board of Supervisors Policy A-32, as now adopted or hereafter amended. A fast track project may consist of one or more permits or approvals pursuant to this ordinance, County Ordinance No. 460, and Ordinance No. 555 which are necessary or convenient to facilitate development of the project. The permits or approvals which comprise the fast track project may include one or more of each of the following:

a.

General plan amendment pursuant to Article 2 of this ordinance.

b.

Specific plan or specific plan amendment pursuant to Article 2 of this ordinance.

c.

Determination of project conformance with an adopted specific plan pursuant to section 17.08.110 of this ordinance.

d.

Zone change or other zoning ordinance amendment pursuant to Chapter 17.280 of this ordinance.

e.

Conditional use permit, including a conditional use permit for a solar power plant, pursuant to section 17.200.050 of this ordinance.

f.

Public use permit pursuant to section 17.208.050 of this ordinance.

g.

Variance pursuant to section 17.196.010 of this ordinance.

h.

Plot plan pursuant to section 17.216.020 of this ordinance.

i.

Modification to an approved permit, including a substantial conformance modification or a revised permit, pursuant to section 17.228.030 of this ordinance.

j.

Tentative land division including a vesting tentative map, pursuant to County Ordinance No. 460.

k.

Development agreement pursuant to section 17.191.110 of this ordinance and Board of Supervisors Resolution No. 2012-047 (Establishing Procedures and Requirements for the Consideration of Development Agreements), as now adopted or hereafter amended.

l.

Surface Mining Permit or Reclamation Plan pursuant to County Ordinance No. 555.

m.

Modification to an approved Surface Mining Permit or Reclamation Plan, including a substantial conformance modification or a revised permit or plan, pursuant to Section 13 of Ordinance No. 555.

n.

Commercial Wind Energy Conversion System Permit (Commercial WECS Permit) and Accessory Wind Energy Conversion System Permit (Accessory WECS Permit) pursuant to Chapter 17.224 and chapter 17.224, article 2 of this title.

o.

Modification to an approved Commercial WECS Permit or Accessory WECS Permit, including a substantial conformance modification or a revised permit, pursuant to section 17.224.130 of this ordinance.

"Future Farmers of America and 4-H project." Not more than five cattle, horses, sheep, llamas, ostriches, emus and like animals on parcels not less than one acre (net) in area being raised in connection with the education of a person as a member of Future Farmers of America (FFA) or 4-H. This does not include crowing fowl (see section 18.28b.). (Ord. 348.4150, 03-01-04)

"Garage, private." An accessory building or a main building or portion thereof, used for the shelter or storage of self-propelled vehicles, owned or operated by the occupants of a main building and wherein there is no service or storage for compensation.

"Guest quarter" is defined in chapter 17.294 of this title.

"Home occupations." Home occupations means those uses that are customarily conducted in a residence, provided such uses must be incidental and secondary to the principal use of a dwelling as a residence. The following criteria shall apply to any home occupation:

a.

Except for large family day care homes which may require two assistants and small family day care homes which may require one assistant to be present in addition to the licensee or provider, no person other than a resident of the dwelling shall be employed on the premises in the conduct of a home occupation.

b.

A home occupation shall be conducted entirely within the dwelling and shall be incidental and secondary to the use of the dwelling as a residence.

c.

A home occupation shall not be conducted in an accessory structure and there shall be no storage of equipment or supplies in an accessory structure or outside building.

d.

The residential character of the exterior and interior of the dwelling shall not be changed.

e.

No vehicles or trailers except those normally incidental to residential use shall be kept on the site.

f.

No signs other than one unlighted identification sign, not more than two square feet in area, shall be erected on the premises.

"Hoop structure." A plastic or fabric covered structure with open ends and no other framing, which is not more than twelve (12) feet in height and does not have vertical sides exceeding six feet in height. Hoop structures in residential zones shall not exceed one hundred twenty (120) cumulative square-feet of floor area. For the purposes of this article, and for the purposes of obtaining licenses, cannabis cultivation within hoop structures is considered mixed light cultivation.

"Hotel." A building designed for or occupied as the more or less temporary abiding place of individuals who are lodged with or without meals, in which there are six or more guest rooms, and in which no provision is made for cooking in any individual room or suite; jails, hospitals, asylums, sanitariums, orphanages, prisons, detention homes or similar buildings where human beings are housed and detained under legal restraint, are specifically not included.

less temporary abiding place of individuals who are lodged with or without meals, in which there are six or more guest rooms, and in which no provision is made for cooking in any individual room or suite; jails, hospitals, asylums, sanitariums, orphanages, prisons, detention homes or similar buildings where human beings are housed and detained under legal restraint, are specifically not included.

"Hotel, resort." A hotel, including all accessory buildings as defined in section 17.04.120 of this ordinance and having a building site or hotel grounds containing not less than fifty thousand (50,000) square feet. Such hotel may have accessory commercial uses operated primarily for the convenience of the guests thereof, provided there is no street entrance directly to such commercial uses, and further provided such commercial uses shall not occupy more than twenty (20) percent of the ground floor area of such hotel building.

"Indoor cannabis cultivation." The cultivation of cannabis within a permanent structure using exclusively artificial light or within any type of structure using artificial light at a rate of twenty-five (25) watts per square foot.

"Industrial hemp." An agricultural product, whether growing or not, that is limited to types of the plant Cannabis sativa L. and any part of the plant, including the seed of the plant and all derivatives, extracts, the resin extracted from any part of the plant, cannabinoids, isomers, acids, salts and salts of isomers, with a delta-9 tetrahydrocannabinol concentration of no more than 0.3 percent on a dry weight basis. For purposes of this ordinance, industrial hemp is not considered a field crop.

"Industrial hemp activity." The cultivation, growing, seed breeding, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery or sale of industrial hemp and industrial hemp products.

"Industrial hemp cultivation." Any activity involving the planting, growing, harvesting, drying, curing, grading or trimming of industrial hemp for commercial purposes and industrial hemp seed breeders.

"Industrial hemp cultivation area." The area on a lot or in a building where Industrial Hemp is planted, grown, harvested, dried, cured, graded, or trimmed or that does all or any combination of these activities.

"Industrial hemp manufacturing." The compounding, blending, extracting, infusing, or otherwise making or preparing a hemp product.

"Industrial hemp manufacturing facility (non-volatile)." A facility that processes, produces, prepares, propagates, holds, stores, packages, labels or compounds hemp or hemp products either directly or indirectly or by extraction and/or infusion methods, or independently by means of chemical synthesis or by

a combination of extraction and/or infusion and chemical synthesis, using non-volatile organic compounds, at a fixed location, that packages or repackages hemp or hemp products, or labels or relabels its containers. Hemp manufacturing also includes any processing, preparing, holding, or storing of components and ingredients.

"Industrial hemp manufacturing facility (volatile)." A facility that processes, produces, prepares, propagates, holds, stores, packages, labels, or compounds hemp or hemp products either directly or indirectly or by extraction and/or infusion methods, or independently by means of chemical synthesis or by a combination of extraction and/or infusion and chemical synthesis, using volatile organic compounds, at a fixed location, that packages or repackages hemp or hemp products, or labels or relabels its containers. Hemp manufacturing also includes any processing, preparing, holding, or storing of components and ingredients.

"Industrial hemp products." Hemp that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated hemp, or an edible or topical product containing hemp or concentrated hemp and other ingredient.

"Indoor industrial hemp cultivation." The cultivation of Industrial Hemp within a permanent structure using exclusively artificial light or within any type of structure using artificial light at a rate of twenty-five (25) watts per square foot.

"Junk, wrecking, dismantling and salvage yards." The use of any lot or parcel of land for outside storage, wrecking, dismantling or salvage of any used or secondhand materials, including but not limited to lumber, auto parts, household appliances, pipe, drums, machinery or furniture. A proposed or intended use by the owner of the used or secondhand materials does not constitute an exception to this definition. (Ord. 348.4087, 03/25/03)

"Kennel." Any building, structure, enclosure or premises whereupon, or within which, five or more dogs, four months of age or older, are kept or maintained.

a.

Class I kennel. Any building, structure, enclosure, or premises whereupon, or within which, five to ten (10) dogs, four months of age or older, are kept or maintained. A class I kennel shall not include an animal rescue operation that meets the definition and requirements set forth in Ordinance No. 630.

b.

Class II kennel. Any building, structure, enclosure, or premises, whereupon, or within which, eleven (11) to twenty-five (25) dogs, four months of age or older, are kept or maintained.

c.

Class III kennel. Any building, structure, enclosure, or premises whereupon, or within which, twenty-six (26) to forty (40) dogs, four months of age or older, are kept or maintained.

d.

Class IV kennel. Any building, structure, enclosure, or premises whereupon, or within which, forty-one (41) or more dogs, four months of age or older, are kept or maintained.

e.

Sentry dog. Any dog trained to work without supervision in a fenced facility and to deter or detain unauthorized persons found within the facility. The term "guard dog" shall also mean "sentry dog".

f.

Sentry dog kennel. Any building structure, enclosure, or premises whereupon, or within which, five or more guard or sentry dogs are kept or maintained.

"Kitchen." Any room in a building or dwelling unit which is used for cooking or preparation of food.

"Labeling." Any label or other written, printed, or graphic matter upon a cannabis product, upon its container or wrapper, or that accompanies any cannabis product.

"Labor camp." Any building or group of buildings where five or more farm employees are housed. (Ord. 348.2162, 05-19-83)

"Lake, recreational." A confined body of standing fresh water containing more than five hundred thousand (500,000) gallons of water and covering more than one acre of surface area, not including reservoirs, duck clubs, bodies of water contained within golf courses, and water storage used only for agricultural or domestic purposes.

"Leasable floor area, net." This area includes sales areas and integral stock areas, but excludes corridors, enclosed malls, lobbies, stairwells, elevators, equipment rooms and restrooms. (Ord. 348.3773, 07-04-96)

"Live cannabis plants." Living cannabis flowers and plants, including seeds, immature plants, and vegetative stage plants.

"Lot."

(1)

A parcel of real property as shown as a delineated parcel of land with a separate and distinct number or other designation of a plot recorded in the Office of the County Recorder of Riverside County; or

(2)

A parcel of real property not so delineated and containing not less than 7,200 square feet and abutting on a street or alley and held under separate ownership from adjacent property prior to the effective date of this ordinance; or,

(3)

A parcel of real property not so delineated containing not less than seven thousand two hundred (7,200) square feet abutting on a street or alley, if the same was a portion of a larger piece of real property held under the same ownership prior to the effective date of this ordinance. A lot shall not come into existence solely because it is described as a parcel of real property securing, or in part securing, a promise to pay money or other thing of value whether its title is held by a trustee for such purpose or not.

"Lot area." The total horizontal area within the lot lines of a lot.

"Lot, corner." A lot located at the junction of two or more intersecting streets having an angle of intersection of not more than one hundred thirty-five (135) degrees, with a boundary line thereof bordering on two of the streets.

"Lot lines." The boundary lines of lots are: front lot line, the line dividing a lot from the street, or form a permanent access easement located on the same lot. On a corner lot only one street line shall be considered as a front lot line, and such front lot line shall be determined by the commission. Rear lot line: The line opposite the front lot line. Side lot lines: Any lot lines other than the front lot line or the rear lot line.

"Lot, reversed corner." A corner lot, the side street line of which is substantially a continuation of the front lot line of the lot upon which it rears.

"Lot, interior." A lot other than a corner lot.

"Lot, key." The first lot to the rear of a reversed corner lot and not separated by an alley.

"Lot, through." An interior lot having frontage of two parallel or approximately parallel streets.

"M-License." A state license issued for commercial cannabis activity involving medicinal cannabis.

"Marijuana." Cannabis.

"Marijuana cultivation." The planting, growing, harvesting, drying, processing, or storage of one or more marijuana plants or any part thereof in any location, indoor or outdoor, including from within a fully enclosed and secure building. Marijuana plant, as used herein, includes any mature or immature marijuana plant, or any marijuana seedling.

"Mass transit." Publicly provided transportation, usually either by bus or rail, to users at a fixed cost per ride. (Ord. 348.2533, 11-12-85)

"Mature cannabis plant." Mature cannabis plants as defined by the California Department of Food and Agriculture.

"Medical cannabis." Cannabis and any cannabis product intended to be used by medical cannabis patients pursuant to the Compassionate Use Act of 1996 (Proposition 215), pursuant to Health and Safety Code Section 11362.5. Medical cannabis does not include "industrial hemp" as defined by Food and Agricultural Code Section 81100 or Health and Safety Code Section 11018.5."

"Medical marijuana." Medical cannabis.

"Medical marijuana dispensary." Any facility or location, whether fixed or mobile, where medical marijuana is made available to, distributed to, or distributed by, one or more of the following: a primary caregiver, a qualified patient, or a patient with an identification card as those terms are defined in Health and Safety Code Section 11362.5 et seq. A "medical marijuana dispensary" shall not include the following uses, provided that such uses comply with this ordinance and all other applicable laws, including, but not limited to, Health and Safety Code Section 11362.5 et seq.: a clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code, a health facility licensed pursuant to Chapter 2 of Division 2 of the Health and

Safety Code, a residential care facility for persons with chronic life threatening illness licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code, a residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code, a residential hospice or a home health agency licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code. (Ord. 348.4423, 11-0206)

"Medium indoor cannabis cultivation." Indoor cultivation using exclusively artificial lighting with a total canopy size on one premises that does not exceed twenty-two thousand (22,000) square feet.

"Medium mixed light cultivation." Cultivation using a combination of natural and supplemental artificial lighting with a total canopy size on one premises that does not exceed twenty-two thousand (22,000) square feet.

"Menagerie."

a.

Any lot or premises on which one or more wild animals of the following types are kept:

(1)

Venomous reptiles.

(2)

Non-venomous reptiles that weigh more than ten (10) pounds, not including turtles or tortoises.

(3)

Birds or members of the Aves class that weigh more than twenty (20) pounds, not including poultry.

(4)

Mammals that weigh more than twenty (20) pounds.

b.

Any lot or premises on which wild animals of the following types are kept, regardless of weight, unless such animals are listed in a zone classification as a permitted use:

(1)

Ten (10) or more non-venomous reptiles.

(2)

Twenty-five (25) or more mammals.

c.

A wild animal that has been tamed or trained shall be considered a wild animal.

d.

As used in this section, "wild animal" means any animal of the class Aves (birds), class Mammalia (mammals), class Amphibia (frogs, toads, salamanders), class Osteichtyes (bony fishes), class Crustaccea (crayfish) or class Gastropoda (slugs, snails) which is not normally domesticated in this state as determined by the state fish and game commission.

(Ord. 348.4220, 12-02-04)

"Migrant agricultural worker mobilehome park." A mobilehome or travel trailer park for agricultural workers the rental of which is restricted as follows:

a.

Not less than eighty (80) percent of the trailer sites are restricted to rental by migrant agricultural workers for a period of time not to exceed nine months in any twelve-month period.

b.

The remainder of the sites are restricted to rental by permanent agricultural workers, and occupancy by the owner or operator of the trailer park.

"Migrant agricultural worker." Migrant agricultural worker is defined as an itinerant agricultural worker that travels from place to place for employment in the planting, growing and harvesting to seasonal crops.

"Mining operation." The term mining operation shall mean any process by which one or more substances which are classified geologically as minerals are extracted from the earth or stockpiled including the reworking of mineral dumps which have been artificially created by mining operations.

"Mixed light cannabis cultivation." The cultivation of mature cannabis plants in a greenhouse, hoop structure, glasshouse, conservatory, hothouse, or other similar structure using light deprivation or one of the artificial lighting models described below:

1.

Mixed-light Tier 1 - The use of artificial light at a rate of six watts per square foot or less.

2.

Mixed-light Tier 2 - The use of artificial light at a rate above six (6) and below or equal to twenty-five (25) watts per square foot.

"Mobile cannabis retailer." A motorized or non-motorized vehicle, cart, trailer, wagon, container or other similar personal property not located on a licensed premises, pursuant to state law, and from which cannabis, cannabis products, or devices specifically for the use of cannabis or cannabis products are offered, either individually or in any combination, for retail sale and/or cannabis delivery.

"Mobilehome park" is any area of tract of land where one or more mobilehome lots are rented or leased or held out for rent or lease to accommodate mobilehome used for human habitation. The rental paid for any

such mobilehome shall be deemed to include rental for the lot it occupies. Mobilehome park does not include lots containing ranchets pursuant to chapter 17.294 of this title.

Notwithstanding the foregoing definition, any person, not including a mobilehome park operator, who owns a mobilehome and owns, rents or leases the land upon which the mobilehome is located, is permitted to rent, lease, sublease, let our, or hire out for occupancy the mobilehome and the land upon which the mobilehome is located, without obtaining a permit to construct or operate a mobilehome park.

"Mobile recycling unit." A licensed vehicle used for the collection of recyclable materials. A mobile unit may also include trailers, bins, boxes, or other storage containers which are transported by vehicles; and does not occupy more than five parking spaces or five hundred (500) square feet of floor area. (Ord. 348.3047, 07-11-89)

"Mulch." A material such as leaves, bark or straw left loose and applied to the soils surface to prevent evaporation of water. (Ord. 348.3446, 07-21-92)

"Nonconforming structure." A structure which was legal when established but which, because of the adoption or amendment of this ordinance conflicts with the provisions of this ordinance applicable to the zone in which such structure is located.

"Nonconforming use." The use of a structure or land which was legal when established but which, because of the adoption or amendment of this ordinance, conflicts with the provisions of this ordinance applicable to the zone in which such use is located.

"Occupancy, change of." The term "change of occupancy" shall mean a discontinuance of an existing use and substitution thereof of a use of a different kind or class.

"Occupied." The word "occupied" includes: used, arranged, converted to, rented, leased, or intended to be occupied.

"Outdoor cannabis cultivation." The cultivation of mature cannabis plants without the use of artificial lighting in a canopy area at any point in time. The growing of only immature cannabis plants at a legally permitted cannabis wholesale nursery is not considered outdoor cannabis cultivation.

"Outdoor film studios." A facility utilizing on-site indoor and outdoor locations for the filming of motion pictures, television programs and music videos. Outdoor film studios may provide limited housing for temporary use during such filming operations. No permanent production facilities such as would be used for film processing or editing and sound recording or dubbing shall be allowed. (Ord. 348.3043, 07-20-89)

ios." A facility utilizing on-site indoor and outdoor locations for the filming of motion pictures, television programs and music videos. Outdoor film studios may provide limited housing for temporary use during such filming operations. No permanent production facilities such as would be used for film processing or editing and sound recording or dubbing shall be allowed. (Ord. 348.3043, 07-20-89)

"Outside storage." The outside storage of material not defined as rubbish under Ordinance No. 541, including but not limited to: lumber, auto parts, appliances, pipe, drums, machinery, furniture, building materials, work tools, or other substance requiring reconditioning or rebuilding in order to be used for its original purpose shall be allowed provided it is authorized in the particular zone, located only on the rear half of an improved lot or parcel or seventy-five (75) feet from the front property line of the improved lot or parcel, whichever is less, not visible from the street or other public or private property and limited to an area as set forth in the particular zone not to exceed two hundred square feet with a maximum height of three feet. If a screening device is used, it must be consistent with Ordinance No. 348 Section 18.40 (R.C.C. Title 17.172.205). Items stored under a carport, awning or patio shall be considered outside storage. The

storage of unpermitted commercial coaches, mobilehomes or manufactured homes is not allowed. A proposed or intended use by the owner does not constitute an exception to this definition. Items enclosed within a building in a lawful manner or allowed pursuant to a plot plan or conditional use permit may constitute an exception to this definition. (Ord. 348.4087, 02-24-04)

"Parking area." The area for the parking of a motor vehicle plus those additional areas required to provide site ingress and egress to and from said area. The area set aside to meet those provisions must be usable and shall have permanent access for off-street parking. (Ord. 348.3773, 07-04-96; Ord. 348.4087, 03-25-04

"Parolee." A person convicted of a federal crime and sentenced to a United States federal prison who has received conditional and revocable release in the community under the supervision of a federal parole officer; a person serving a period of supervised community custody as defined by Penal Code Section 3000, following a term of imprisonment in a state prison, who is under the supervision of the California Department of Corrections and Rehabilitation, Division of Adult Parole Operations; or an adult or juvenile sentenced to a term in the California Department of Corrections and Rehabilitation, Division of Juvenile Facilities (formerly known as the "California Youth Authority") who has received conditional and revocable release in the community under the supervision of the California Department of Corrections and Rehabilitation, Division of Juvenile Parole Operations.

Operations; or an adult or juvenile sentenced to a term in the California Department of Corrections and Rehabilitation, Division of Juvenile Facilities (formerly known as the "California Youth Authority") who has received conditional and revocable release in the community under the supervision of the California Department of Corrections and Rehabilitation, Division of Juvenile Parole Operations.

"Parolee-probationer home." Any residential building, or portion thereof, owned or operated by any person which houses two or more parolee-probationers unrelated by blood, marriage, or legal adoption, in exchange for monetary or non-monetary consideration given or paid by the parolee-probationers, or given or paid by any person on behalf of the parolee-probationers, excluding any residential facility, residential care facility, residential care facility for the elderly or alcohol or drug abuse treatment facility serving six or fewer persons. As used herein, the term parolee-probationers includes parolees, probationers, and/or persons released to post-release community supervision under the "Post-release Community Supervision Act of 2011" (Penal Code Section 3450 et seq.). In determining whether a residential facility, residential care facility, residential care facility for the elderly or alcohol or drug abuse treatment facility serving six or fewer persons, the licensee, members of the licensee's family and persons employed as facility staff shall not be counted.

"Pen fed beef cattle operations." Six or more beef cattle per acre being fed or fattened for marketing purposes whether the owner or operator performs the feeding service for himself or others. (Dairy herd replacements are not considered beef cattle).

"Person." The word "person" includes association, company, firm, corporation, partnership, copartnership or joint venture.

"Personal cannabis cultivation." The planting, growing, harvesting, drying, curing, grading, or trimming of cannabis, done or performed by a person for personal, non-commercial purposes pursuant to Health and Safety Code Sections 11362.1 and 11362.2 under the Medicinal and Adult-Use Cannabis Regulation and Safety Act (Senate Bill 94 (2017).

"Physician's recommendation." A recommendation by a physician and surgeon that a patient use cannabis provided in accordance with the Compassionate Use Act of 1996 (Proposition 215), found at Section 11362.5 of the Health and Safety Code.

"Place of public assembly." Any place designed for or used for congregation or gather of twenty (20) or more persons in one room where such gathering is of a public nature, assembly hall, church, auditorium, recreational hall, pavilion, place of amusement, dance hall, opera house, motion picture theater, outdoor theater or theater, are included within this term.

"Planned residential development." A residential development including, but not limited to, statutory and nonstatutory condominiums, cluster housing, townhouses, community apartment projects and mobilehome developments, that is permitted reduced lot area, width and depth requirements and building setback requirements by integrating into the overall development open space and outdoor recreational facilities, which may include recreational and public buildings intended primarily for the use of the residents of the project, within the development. (Ord. 348.2140, 11-23-82)

"Planned commercial development." Planned commercial development means a development that may be permitted to have reduced width, depth and building setback requirements, and have common access and common parking, provided a planned development land division is approved pursuant to the provisions of the Riverside County Land Division Ordinance.

"Planned industrial development." Planned industrial development means a development that may be permitted to have reduced lot area, width, depth and building setback requirements, and have common access and common parking, provided a planned development land division is approved pursuant to the provisions of the Riverside County Land Division Ordinance.

"Poultry." Domestic birds including turkeys, ducks, geese, pheasants and other fowl specialized for meat projects, egg laying or ornamental show, but not including 'crowing fowl' as defined in this ordinance. (Ord. 348.3954, 09-15-00; Ord. 348.3966, 12-21-00)

"Premises." For purposes of chapter 17.302 only, the designated structure or structures and land specified in the application that is owned, leased, or otherwise held under the control of the applicant or licensee where the commercial cannabis activity will be or is conducted. The premises shall be a contiguous area and shall only be occupied by one licensee.

"Primary caregiver." The individual, designated by a qualified patient or by a person with an identification card, who has consistently assumed responsibility for the housing, health, or safety of that patient or person, further defined in Section 11362.7 of the California Health and Safety Code.

"Private event." An event that is not open to the public, attendees must register in advance, and no walkins are allowed.

"Probationer." A person convicted of a felony who has received a suspension of the imposition or execution of a sentence and an order of conditional and revocable release in the community under the supervision of a probation officer.

"Property." A legal lot or parcel.

"Rain shut off device." Senses rainfall and automatically shuts off the irrigation system. (Ord. 348.3446, 0721-92)

"Ranch, guest." Any property containing five acres or more operated as a ranch which offers guest rooms for rent and which has outdoor recreational facilities such as horseback riding, swimming or hiking.

"Rancho Community event." A primarily outdoor private event held at a permitted Rancho Community Event Facility for the community to gather for the common purpose of an anniversary, celebration, ceremony, wedding ceremony and/or reception, birthday, quinceañera, sweet-sixteen event, baby shower, holiday party, graduation, fundraiser for a charitable non-profit organization, or farm-to-table event.

"Rancho Community Event Facility." A facility that is permitted to hold Rancho Community Events within the Western Coachella Valley Area Plan and Eastern Coachella Valley Area Plan, as designated in the Riverside County Comprehensive General Plan.

"Recreational trailer." A motor home, travel trailer, truck camper or camping trailer, with or without motive power, designed for human habitation for recreational, emergency, or other occupancy. The term "dependent recreational vehicle" shall mean a recreational vehicle not equipped with a toilet for sewage disposal. The term "independent recreational vehicle" shall mean a recreational vehicle equipped with a toilet for sewage disposal. (Ord. 348.2986, 02-16-89)

"Recreational vehicle park." Any area or tract of land, or a separately designated section within a

mobilehome park, where one or more spaces are rented or leased or held out for rent or lease to owners or users of recreational vehicles. A recreational vehicle park may have a membership organization that provides for the use of spaces within a park. The following types of parks may be permitted in Riverside County:

a.

Vacation recreational vehicle parks. A park which is designed for transient use, such as overnight or shortterm occupancy. No occupancy shall exceed 30 consecutive days or one hundred twenty (120) days in one calendar year. Tent camping may be permitted in areas designed and designated for such usage. Generally, only limited services and amenities are provided.

b.

Extended occupancy parks. A recreational vehicle park which is designed for extended occupancy. No such occupancy shall exceed nine months in any one calendar year. Full urban services are available, and recreational amenities are required. Tent camping may be permitted in areas designed and designated for such usage. Recreational vehicles may be permitted to remain on-site during periods of non-occupancy.

c.

Permanent occupancy parks. A recreational vehicle park which is designed for permanent occupancy. There is no limit on the duration of occupancy. Full urban services and recreational amenities are provided.

(Ord. 348.2986, 02-16-89)

"Recyclable materials." Any reusable material which is acceptable for reprocessing and redemption including, but not limited to, glass, metal, paper, and plastic. Recyclable material does not include hazardous waste or other refuse.

"Recycling collection facility." A facility which accepts recyclable material by donation, redemption, or purchase; and which the use of power driven machinery is limited to that which is necessary for the temporary storage, efficient transfer, and securing of materials as set forth in section 17.244.030 C. of this ordinance.

"Recycling facility." A facility which is equipped to accept and/or process recyclable materials. Recycling facilities include, but are not limited to, the following facility types; reverse vending machines, collection facilities, and processing facilities. (Ord. 348.3047, 07-11-89)

"Recycling processing facility." A facility which collects and processes acceptable recyclable materials by donation, redemption, or purchase. Processing means the preparation or transformation of recyclable materials for efficient shipment to an end user by, but not limited to, such means as baling, compacting, crushing, shredding, and sorting. (Ord. 348.3047, 07-11-89)

"Reverse vending machine." An automated and mechanical recycling facility, not more than fifty (50) square feet in floor area, which accepts one or more types of beverage containers made typically of glass, metal, or plastic; and which issues, in return, a cash refund or redeemable credit receipt with a value not less than the redemption worth of the container as determined by the State of California.

"Sell/sale/to sell (cannabis)." Any transaction whereby, for any consideration, title to cannabis or cannabis products is transferred from one person to another, and includes the delivery of cannabis or cannabis products pursuant to an order placed for the purchase of the same and soliciting or receiving an order for the same, but does not include the return of cannabis or cannabis products by a licensee to the licensee from whom the cannabis or cannabis product was purchased.

"Sex oriented business." A business that requires a sex-oriented business permit pursuant to County Ordinance No. 743.

"Single housekeeping unit." Any household whose members are a group of persons jointly occupying a single dwelling unit, including the joint use and responsibility for common areas, and sharing household activities and responsibilities such as meals, chores and expenses and where, if the unit is rented, all adult residents have chosen to jointly occupy the entire premises of the dwelling unit with joint use and responsibility for the premises, and the makeup of the household occupying the unit is determined solely by the residents of the unit rather than the landlord or property manager.

"Small indoor cannabis cultivation." Indoor cultivation using exclusively artificial lighting with a total canopy size on one premises that does not exceed ten thousand (10,000) square feet.

"Small mixed light cultivation." Cultivation using a combination of natural and supplemental artificial lighting with a total canopy size on one premises that does not exceed ten thousand (10,000) square feet.

"Soil moisture sensing device." A device that measures the amount of water in the soil. (Ord. 348.3047, 0711-89; Ord. 348.3446, 07-21-92)

This ordinance shall apply to any application for a land use permit not finally approved on or before the date this ordinance takes effect. (Ord. 348.3584, 03-01-94)

"Solar energy system." A system which is an accessory use to any residential, commercial, industrial, mining, agricultural or public use, used primarily (i.e. more than fifty (50) percent) to reduce onsite utility usage, and which is either of the following:

(a)

Any solar collector or other solar energy device the primary purpose of which is to provide for the collection, storage and distribution of solar energy for electric generation, space heating, space cooling, or water heating.

(b)

Any structural design feature of a building, the primary purpose of which is to provide for the collection, storage and distribution of solar energy for electric generation, space heating, space cooling, or water heating.

"Solar power plant." A facility used to generate electricity from solar energy where the power plant will be connected to the power grid and the electricity will be used primarily (i.e. more than fifty (50) percent) at locations other than the site of the solar power plant. Solar power plants include power plants using both solar thermal systems and photovoltaic systems to convert solar energy to electricity. Solar thermal systems concentrate heat to drive a turbine which is then used to create electricity from generators and include systems using solar troughs, solar dishes, and solar power towers. Photovoltaic systems use a technology such as solar cells which generates electricity directly from sunlight.

"Specialty cottage indoor cannabis cultivation." Indoor cultivation using exclusively artificial lighting with a total canopy size on one premises that does not exceed five hundred (500) square feet.

"Specialty cottage mixed light cultivation." Cultivation using a combination of natural and supplemental artificial lighting with a total canopy size on one premises that does not exceed two thousand five hundred (2,500) square feet.

"Specialty indoor cannabis cultivation." Indoor cultivation using exclusively artificial lighting with a total canopy size on one premises that does not exceed five thousand (5,000) square feet.

"Specialty mixed light cultivation." Cultivation using a combination of natural and supplemental artificial lighting with a total canopy size on one premises that does not exceed five thousand (5,000) square feet.

"Specific plan, highway." A plan adopted by the County of Riverside, pursuant to the authority contained in the California Planning and Zoning Law (Government Code, Section 65000 et seq.) establishing specifically planned future right-of-way lines for a highway. Upon the adoption of a specific plan for a highway, all requirements of this ordinance relating to highway right-of-way lines shall be calculated from the adopted planned future right-of-way line, except as shall be otherwise specifically permitted in this ordinance.

"Stable, commercial." A stable for horses which are let, hired, used or boarded on a commercial basis and for compensation.

"Story." The portion of a building included between the surface of any floor and the finished ceiling next above it or the finished under surface of the roof directly over that particular floor.

"Street." A public or an approved private thoroughfare or road easement which affords the principal means of access to abutting property, but not including an alley.

"Street line." The boundary line between a street and abutting property.

"Structural alterations." Any change in the supporting members of a building or structure, such as bearing walls, columns, beams, girders, floor joists or roof joists.

"Structure." Anything constructed or erected and the use of which requires more or less permanent location on the ground or attachment to something having a permanent location on the ground, such as awnings and patio covers, but not including walls and fences or wall and fences with arch entries.

"Supportive housing." As defined by Health and Safety Code Section 50675.14, as may be amended from time to time, housing with no limit on length of stay that is occupied by persons with disabilities, families who are homeless as defined by Title 42 of the United States Code or homeless youth as defined by Section 11139.3 of the California Government Code that is connected to onsite or offsite services related to obtaining housing, improving health, or obtaining work consistent with Government Code Section 65582(g) and Section 65582(h), as may be amended from time to time. Supportive housing is not a community care facility as defined by this ordinance.

"Swap meets." The use, rental, or lease of stalls or areas outside of an enclosed building by vendors offering goods or materials for sale or exchange, not including public fairs, or art exhibits.

"Trail bike park." An open area used by trail bikes, or motorcycles, for purposes such as but not limited to, hill climbing, trail riding, scrambling, racing and riding exhibitions.

"Transitional housing." As defined by Health and Safety Code Section 50675.2, as may be amended from time to time, rental housing provided to eligible recipients on an interim basis not less than six months.

"Use." The purpose for which land or a building is arranged, designed, or intended, or for which either is or may be occupied or maintained.

"Used." The word "used" includes occupied, arranged, designed for or intended to be used.

"Vanpool." Seven or more people traveling together on a continuing and prearranged basis in a motor vehicle designed for the transportation of persons over routes tailored to accommodate rider needs. (Ord. 348.2500, 08-22-85; Ord. 348.2533, 11-12-85)

"Warehousing and distribution." Businesses whose sole purpose is to store and then distribute goods for sale as opposed to businesses whose sole purpose is to move goods by truck. (See "draying, freighting and trucking operations".) (Ord. 348.3857, 05-06-99)

"Warm season turf grass." Turfgrass which begins growing in early spring and continues to grow vigorously throughout the summer and early fall. It may become brown and dormant in cool or cold winters. It's green color may be maintained throughout the year by overseeding during winter months. Examples are bermudas, zoysias, dichondra and kikuyu grasses. (Ord. 348.3446, 07-21-92)

"Wholesale nursery." An establishment engaged in the propagation of trees, shrubs and horticultural and ornamental plants grown under cover or outdoors for sale to the public. Includes commercial scale

greenhouses and establishments for the sale of plant materials, lawn and garden supplies, and related items. A wholesale nursery does not include cannabis wholesale nurseries which are classified separately.

"Wind energy conversion system (WECS)." A machine that converts the kinetic energy of the wind into a usable form of electrical or mechanical energy. The WECS include all parts of the system except the tower and electrical transmission equipment.

a.

Accessory wind energy conversion system (accessory WECS). A WECS which has a rated output of twenty (20) kilowatts or less and is an accessory use to the principal use of a lot in that at least fifty (50) percent of the average annual power production is used on the lot.

b.

Commercial wind energy conversion system (commercial WECS). Any WECS which is not an accessory WECS as defined herein.

"Yard." An open and unoccupied space on a lot on which a building is situated and, except where otherwise provided in this ordinance, open and unobstructed from the ground to the sky.

"Yard, front." A yard extending across the full width of the lot between the side lot lines and between the front lot line and either the nearest line of the main building or the nearest line of any enclosed or covered porch. The front lot line shall be deemed to be the existing nearest right-of-way line of the abutting street, road or highway, unless a different right-of-way line for future use shall have been precisely fixed by law or ordinance, or by formal action of the board of supervisors pursuant to law or ordinance, in which event the front lot line shall be deemed to be such different right-of-way line.

"Yard, rear." A yard extending across the full width of the lot between the side lot lines and measured between the rear lot line and the nearest rear line of the main building or the nearest line of any enclosed or covered porch. Where a rear yard abuts a street it shall meet front yard requirements of the district.

"Yard, side." A yard extending from the front yard to the rear yard between the side lot line and the nearest line of the main building, or of any accessory building attached thereto.

"Youth center." Any public or private facility that is primarily used to host recreational or social activities for minors, including, but not limited to, private youth membership organizations or clubs, social service teenage club facilities, video arcades, or similar amusement park facilities.

(9-22-60; 9-04-62; Ord. 348.242, 12-18-63; Ord. 348.251, 01-15-64; Ord. 348.261, 3-10-64; Ord. 348.265, 04-15-64; Ord. 348.275, 05-06-64; Ord. 348.356, 03-30-65; Ord. 348. 371, 6-16-65; Ord. 348.391, 09-1565; Ord. 348.401, 11-10-65; Ord. 348.414, 12-22-65; Ord. 348.422, 01-19-66; Ord. 348.427, 03-23-66; Ord. 348.446, 06-16-66; Ord. 348.455, 07-06-66; Ord. 348.459, 07-27-66; Ord. 348.506, 05-31-67; Ord. 348.507, 06-07-67; Ord. 348.517, 06-19-67; Ord. 348.518, 08-02-67; Ord. 348.528, 09-27-67; Ord. 348.531, 10-16-67; Ord. 348.532, 11-15-67; Ord. 348.533, 12-06-67; Ord. 348.545, 02-21-68; Ord. 348.556, 04-17-68; Ord. 348.609, 01-27-69; Ord. 348.612, 03-12-69; Ord. 348.628, 05-14-69; Ord. 348.600, 06-16-69; Ord. 348.635, 07-09-69; Ord. 348.638, 07-16-69; Ord. 348.636, 09-16-69; Ord. 348.709, 04-15-70; Ord. 348.718, 04-29-70; Ord. 348.737, 06-10-70; Ord. 348.753, 07-22-70; Ord.

09-27-67; Ord. 348.531, 10-16-67; Ord. 348.532, 11-15-67; Ord. 348.533, 12-06-67; Ord. 348.545, 02-21-68; Ord. 348.556, 04-17-68; Ord. 348.609, 01-27-69; Ord. 348.612, 03-12-69; Ord. 348.628, 05-14-69; Ord. 348.600, 06-16-69; Ord. 348.635, 07-09-69; Ord. 348.638, 07-16-69; Ord. 348.636, 09-16-69; Ord. 348.709, 04-15-70; Ord. 348.718, 04-29-70; Ord. 348.737, 06-10-70; Ord. 348.753, 07-22-70; Ord.

348.773, 09-16-70; Ord. 348.777, 09-23-70; Ord. 348.783, 09-30-70; Ord. 348.859, 03-11-71; Ord. 348.861, 03-24-71; Ord. 348.884, 05-26-71; Ord. 348.905, 07-11-71; Ord. 348.910, 08-25-71; Ord. 348.920, 09-16-71; Ord. 348.941, 11-04-71; Ord. 348.953, 11-25-71; Ord. 348.952, 12-02-71; Ord. 348.1023, 05-04-72; Ord. 348.1125, 01-25-73; Ord. 348.1180, 06-21-73; Ord. 348.1173, 04-05-74; Ord. 348.1469, 10-02-75; Ord. 348.1468, 10-23-75; Ord. 348.1476, 11-13-75; Ord. 348.1481, 12-10-75; Ord. 348.1489, 01-13-76; Ord. 348.1497, 04-15-76; Ord. 348.1536, 11-11-76; Ord. 348.1540, 01-20-77; Ord. 348.1545, 02-03-77; Ord. 348.1564, 04-21-77; Ord. 348.1588, 09-08-77; Ord. 348.1626, 02-14-78; Ord. 348.1647, 05-30-78; Ord. 348.1654, 06-20-78; Ord. 348.1658, 06-27-78; Ord. 348.1664, 08-29-78; Ord. 348.1667, 09-19-78; Ord. 348.1668, 12-19-78; Ord. 348.1674, 01-18-79; Ord. 348.1688, 04-12-79; Ord. 348.1697, 07-05-79; Ord. 348.1717, 08-21-79; Ord. 348.1702, 09-20-79; Ord. 348.1729, 11-29-79; Ord. 348.1785, 05-08-80; Ord. 348.1855, 09-25-80; Ord. 348.2443, 01-29-85; Ord. 348.2444, 03-05-85; Ord. 348.2496, 07-16-85; Ord. 348.2510, 08-29-85; Ord. 348.2516, 10-17-85; Ord. 348.2533, 11-12-85; Ord. 348.2535, 11-26-85; Ord. 348.2540, 01-02-86; Ord. 348.2580, 06-05-86; Ord. 348.2592, 06-06-86; Ord. 348.2566, 06-06-86; Ord. 348.2591, 08-07-88; Ord. 348.2613, 08-14-86; Ord. 348.2623, 08-18-86; Ord. 348.2616, 08-28-86; Ord. 348.2452, 09-18-86; Ord. 348.2643, 12-16-86; Ord. 348.2543, 01-15-87; Ord. 348.2669, 02-03-87; Ord. 348.2670, 03-12-87; Ord. 348.2684, 06-04-87; Ord. 348.2686, 07-23-87; Ord. 348.2687, 07-23-87; Ord. 348.2848, 04-29-88; Ord. 348.2856, 06-30-88; Ord. 348.2957, 06-31-88; Ord. 348.2986, 02-16-89; Ord. 348.2992, 03-07-89; Ord. 348.3010, 03-14-89; Ord. 348.3023, 04-04-89; Ord. 348.3029, 04-24-89; Ord. 348.3018, 04-27-89; Ord. 348.3030, 04-27-89; Ord. 348.3032, 06-06-89; Ord. 348.2989, 06-20-89; Ord. 348.3047, 07-11-89; Ord. 348.3043, 07-20-89; Ord. 348.3078, 09-05-89; Ord. 348.3053, 09-05-89; Ord. 348.2937, 09-26-89; Ord. 348.3217, 11-13-90; Ord. 348.3305, 08-13-91; Ord. 348.3341, 08-13-91; Ord. 348.3380, 10-01-91; Ord. 348.3407, 12-17-91; Ord. 348.3420, 05-05-92; Ord. 348.3444, 06-23-92; Ord. 348.3446, 07-21-92; Ord. 348.3447, 10-06-92; Ord. 348.3489, 01-19-93; Ord. 348.3481, 03-30-93; Ord. 348.3503, 04-13-93; Ord. 348.3567, 10-05-93; Ord. 348.3584, 03-01-94; Ord. 348.3571, 05-03-94; Ord. 348.2342, 05-29-94; Ord. 348.3613, 10-18-94; Ord. 348.3629, 11-08-94; Ord. 348.2986, 02-16-89; Ord. 348.3677, 06-06-95; Ord. 348.3727, 09-08-95; Ord. 348.3752, 11-30-95; Ord. 348.3753, 11-30-95; Ord. 348.3770, 04-19-96; Ord. 348.3773, 07-04-96; Ord. 348.3775, 07-18-96; Ord. 348.3780, 11-29-96; Ord. 348.3781, 01-03-97; Ord. 348.3793, 06-27-97; Ord. 348.3795, 08-29-97; Ord. 348.2957, 10-23-97; Ord. 348.3811, 02-13-98; Ord. 348.3208, 03-03-98; Ord. 348.3828, 07-16-98; Ord. 348.3842, 10-15-98; Ord. 348.3804, 11-28-98; Ord. 348.3857, 02-12-99; Ord. 348.3867, 05-06-99; Ord. 348.3868, 05-06-99; Ord. 348.3877, 06-18-99; Ord. 348.3881, 07-23-99; Ord. 348.3883, 9-10-99; Ord. 348.3884, 9-24-99; Ord. 348.3888, 10-21-99; Ord. 348.3928, 04-14-00; Ord. 348.3954, 09-15-00; Ord. 348.3955, 09-29-00; Ord. 348.3961, 11-24-00; Ord. 348.3962, 11-26-00; Ord. 348.3964, 11-31-00; Ord. 348.3966, 12-21-00; Ord. 348.3986, 4-13-01; Ord. 348.3982, 4-20-01; Ord. 348.3990, 5-24-01)

-99; Ord. 348.3868, 05-06-99; Ord. 348.3877, 06-18-99; Ord. 348.3881, 07-23-99; Ord. 348.3883, 9-10-99; Ord. 348.3884, 9-24-99; Ord. 348.3888, 10-21-99; Ord. 348.3928, 04-14-00; Ord. 348.3954, 09-15-00; Ord. 348.3955, 09-29-00; Ord. 348.3961, 11-24-00; Ord. 348.3962, 11-26-00; Ord. 348.3964, 11-31-00; Ord. 348.3966, 12-21-00; Ord. 348.3986, 4-13-01; Ord. 348.3982, 4-20-01; Ord. 348.3990, 5-24-01)

(Ord. 348.4680, § 2, 5-4-2010; Ord. 348.4596, § 32, 2-10-2009; Ord. 348.4703, §§ 8—10, 10-19-2010; Ord. 348.4713, § 25, 11-9-2010; Ord. 348.4706, § 6, 3-22-201; Ord. 348.4705, § 21, 11-8-2011; Ord. 348.4734, § 2, 11-8-2011; Ord. No. 348.4741, §§ 2, 3, 4-10-2012; Ord. No. 348.4750, § 2, 10-2-2012; Ord. No. 348.4755, § 1, 4-2-2013; Ord. No. 348.4773, § 1, 7-1-2014; Ord. No. 348.4791, § 7, 12-2-2014; Ord. No. 348.4802, § 4, 5-19-2015; Ord. No. 348.4818, § 37, 12-15-2015; Ord. No. 348.4835, §§ 6—13, 6-21-2016; Ord. No. 348.4862, §§ 2—14, 8-29-2017; Ord. No. 348.4898, §§ 10—59, 10-23-2018; Ord. No. 348.4911, § 26, 27, 9-10-2019; Ord. No. 348.4926, §§ 13, 14, 8-25-2020; Ord. No. 348.4931, §§ 15—23, 11-10-2020; Ord. No. 348.4950, §§ 37—39, 3-2-2021; Ord. No. 348.4997, §§ 5—31, 3-28-2023; Ord. No. 348.5018, §§ 2—5, 6-25-2024; Ord. No. 348.5028, § 11, 3-11-2025)

Chapter 17.08 - GENERAL PLAN AND SPECIFIC PLANS[[1]]

Sections:

Footnotes:

--- ( 1 ) ---

Prior ordinance history: Ords. 348, 348.1545, 348.1658, 348.1785, 348.1855, 348.1879, 348.1908, 348.2088, 348.2156, 348.2444, 348.2591, 348.2670, 348.3018, 348.3418, 348.3752, and 348.3770.

17.08.010 - Adoption or amendment of the general plan.

A.

The Riverside County general plan or any part or element thereof, and any amendment to the plan or any part or element thereof, shall be adopted in accordance with the provisions of Section 65300 et seq. of the Government Code, as now written or hereafter amended, and this chapter. No mandatory element of the general plan shall be amended more frequently than four times during any calendar year, unless otherwise allowed by Section 65358 of the Government Code. Subject to that limitation, an amendment may be adopted at any time, as determined by the board of supervisors. Each amendment may include more than one change to the general plan.

B.

The initiation of proceedings for the amendment of the general plan, or any part or element thereof, shall be conducted in accordance with the provisions of this chapter. The initiation of proceedings for the amendment of the general plan, or any part or element thereof, shall require an order of the board of supervisors, adopted by the affirmative vote of not less than a majority of the entire membership of the board. Either the planning director or the planning commission may recommend, in the manner provided by this chapter, that the board of supervisors initiate proceedings for the amendment of the general plan or any part or element thereof. The owner of real property, or a person authorized by the owner, shall have the right to apply for the initiation of proceedings, in the manner provided by this chapter, to amend the general plan with respect to provisions of the general plan affecting the use of his or her property. The initiation of proceedings by the board of supervisors for the amendment of the general plan, or any part or element thereof, shall not imply any such amendment will be approved.

(Ord. 348.4573 § 2.1, 2008)

No discretionary permit shall be approved pursuant to this chapter unless it is determined that the permit is consistent with the general plan.

(Ord. 348.4573 § 2.2, 2008)

17.08.030 - Definitions for general plan amendment procedures.

Capitalized terms in sections 17.08.040 through 17.08.070 shall have the same meanings as set forth in the Riverside County general plan.

(Ord. 348.4573 § 2.3, 2008)

A.

Applicability. This section shall govern the processing of any general plan amendment which is defined as a technical amendment or an entitlement/policy amendment. Technical amendments involve changes of a technical nature including, without limitation: statistical corrections; mapping error corrections; changes in spheres of influence and city boundaries; changes in unincorporated communities or communities of interest; editorial clarifications that do not change the intent of the general plan; or appendix information useful in interpreting the general plan but which does not change the general plan intent. Entitlement/policy amendments involve changes in land use designations or policies that involve land located entirely within a general plan foundation component but that do not change the boundaries of that component. Notwithstanding the preceding sentence, a proposed change of land use designation to properties located in Eastern Riverside County desert area not covered by an area plan shall be considered a foundation

component amendment and shall be subject to the provisions of sections 17.08.050 and 17.08.060 of this chapter. An entitlement/policy amendment may also involve a change in general plan policy provided it does not change the Riverside County vision, a foundation component, or a general planning principle set forth in general plan Appendix B.

B.

Amendment proceedings and hearings. An amendment pursuant to this section shall be processed, heard and decided in accordance with section 17.08.010 and section 17.08.100 of this ordinance.

C.

Findings.

1.

Technical Amendments. A planning commission resolution recommending approval of a technical amendment and a board of supervisor's resolution approving a technical amendment shall include the first finding listed below and any one or more of the subsequent findings listed below:

a.

The proposed amendment would not change any policy direction or intent of the general plan;

b.

An error or omission needs to be corrected;

c.

A land use designation was based on inaccurate or misleading information and should therefor be changed to properly reflect the policy intent of the general plan;

d.

A point of clarification is needed to more accurately express the general plan's meaning or eliminate a source of confusion;

e.

A minor change of boundary will more accurately reflect geological or topographic features, or legal or jurisdictional boundaries.

2.

Entitlement/Policy Amendments. A planning commission resolution recommending approval of an

entitlement/policy amendment and a board of supervisor's resolution approving an entitlement/policy amendment shall include the first two findings listed below and any one or more of the subsequent findings listed below:

a.

The proposed change does not involve a change in or conflict with: the Riverside County Vision; any general planning principle set forth in general plan Appendix B; or any foundation component designation in the general plan;

b.

The proposed amendment would either contribute to the purposes of the general plan or, at a minimum, would not be detrimental to them;

c.

Special circumstances or conditions have emerged that were unanticipated in preparing the general plan;

d.

A change in policy is required to conform to changes in state or federal law or applicable findings of a court of law;

e.

An amendment is required to comply with an update of the housing element or change in state housing element law;

f.

An amendment is required to expand basic employment job opportunities (jobs that contribute directly to the county's economic base) and that would improve the ratio of jobs-to-workers in the county;

g.

An amendment is required to address changes in ownership of land or land not under the land use authority of the board of supervisors.

(Ord. 348.4573 § 2.4, 2008)

(Ord. No. 348.4785, §§ 1—3, 5-19-2015)

17.08.050 - General plan foundation component amendments—Regular.

A.

Applicability. This section shall govern the processing of regular foundation component amendments occurring during the eight-year general plan review cycle including any general plan amendment to change:

(1)

The Riverside County Vision;

(2)

The general planning principles set forth in General Plan Appendix B;

(3)

A foundation component of the general plan (except for changes to property designated within the agricultural foundation component which shall be processed in accordance with section 17.08.070 of this ordinance); or,

(4)

A proposed change to the land use designations established in the Eastern Riverside County Desert Area, not covered by an Area Plan.

B.

Limitation on foundation component amendments. Except as otherwise provided in section 17.08.060 and section 17.08.070, no foundation component amendment shall be heard or approved except as part of the eight-year general plan review cycle. The first eight-year general plan review cycle shall commence on January 1, 2008 and continue during the 2008 calendar year, and subsequent cycles shall occur at eightcalendar year intervals thereafter.

C.

Initiation of amendment proceedings. The initiation of proceedings for any amendment pursuant to this section shall require an order of the board of supervisors, adopted by the affirmative vote of not less than a majority of the entire membership of the board. The board of supervisors may adopt an order initiating amendment proceedings at any time during the calendar year of an eight-year general plan review cycle. The adoption of an order by the board initiating amendment proceedings shall not require a public hearing and shall not imply any such amendment will be approved.

D.

Recommendations for the Initiation of Amendment Proceedings. Either the planning director or the planning commission may recommend that the board of supervisors adopt an order initiating proceedings for an amendment pursuant to this section. All such recommendations shall be in writing and shall be submitted to the clerk of the board for placement on the agenda of the board as a matter not requiring a public hearing. Whenever the planning director prepares such a recommendation, the comments of the planning commission shall be requested and any comments shall be included in the submission to the board of supervisors. No public hearing before the planning commission shall be required to request such comments.

E.

Private applications for the initiation of amendment proceedings. The owner of real property, or a person authorized by the owner, shall have the right to request that the board of supervisors adopt an order initiating proceedings for an amendment pursuant to this section. The planning director shall establish an application period of not less than thirty (30) days during the calendar year of each eight-year general plan review cycle during which applications will be accepted. After this application period is established, it shall not be extended. Applications shall be made to the planning director, on the forms provided by the planning department, shall supply all required information, and shall be accompanied by the filing fee set forth in County Ordinance No. 671. The planning director shall prepare a report and recommendation on all such applications and shall submit the report and recommendation to the clerk of the board for placement on the board agenda as a matter not requiring a public hearing. Prior to submitting the report and recommendation to the clerk of the board, the comments of the planning commission shall be requested and any comments shall be included in the submission to the board of supervisors. No public hearing before the planning commission shall be required to request such comments.

F.

Amendment Proceedings and Hearings. After adoption of an order of the board of supervisors initiating proceedings for an amendment pursuant to this section, the amendment shall be processed, heard and decided in accordance with Sections 17.08.010 and 17.08.100 of this chapter. If the board adopts orders initiating proceedings for several amendments pursuant to this section, each such amendment may be processed, heard and decided separately or together with other such amendments as determined by the planning director. Hearings and the final decision on any amendment pursuant to this section may occur after the calendar year during which proceedings for the amendment were initiated.

G.

Findings. A planning commission resolution recommending approval of a regular foundation component amendment and a board of supervisors resolution approving a regular foundation component amendment shall include findings, based on substantial evidence, that new conditions or circumstances disclosed during the review process justify modifying the general plan, that the modifications do not conflict with the overall Riverside County vision, and that they would not create an internal inconsistency among the elements of the general plan. The foregoing requirement for findings shall not apply to any amendment to the Riverside County vision.

(Ord. 348.4573 § 2.5, 2008)

(Ord. No. 348.4785, §§ 4—7, 5-19-2015)

17.08.060 - General plan foundation component amendments—Extraordinary.

A.

Applicability. This section shall govern the processing of any foundation component amendment not occurring during the eight-year general plan review cycle including any general plan amendment to change:

(1)

The Riverside County Vision;

(2)

The general planning principles set forth in General Plan Appendix B;

(3)

A foundation component of the general plan (except for changes to property designated within the agricultural foundation component which shall be processed in accordance with section 17.08.070 of this ordinance); or,

(4)

A proposed change to the land use designations established in the Eastern Riverside County Desert Area, not covered by an Area Plan.

B.

Initiation of Amendment Proceedings. The initiation of proceedings for any amendment pursuant to this section shall require an order of the board of supervisors, adopted by the affirmative vote of not less than a majority of the entire membership of the board. The board of supervisors may adopt an order initiating amendment proceedings at any time. The adoption of an order by the board initiating amendment proceedings shall not require a public hearing and shall not imply any such amendment will be approved.

C.

Recommendations for the Initiation of Amendment Proceedings. Either the planning director or the planning commission may recommend that the board of supervisors adopt an order initiating proceedings for an amendment pursuant to this section. All such recommendations shall be in writing and shall be submitted to the clerk of the board for placement on the agenda of the board as a matter not requiring a public hearing. Whenever the planning director prepares such a recommendation, the comments of the planning commission shall be requested and any comments shall be included in the submission to the board of supervisors. No public hearing before the planning commission shall be required to request such comments.

D.

Private Applications for the Initiation of Amendment Proceedings. The owner of real property, or a person authorized by the owner, shall have the right to request that the board of supervisors adopt an order initiating proceedings for an amendment pursuant to this section. Applications shall be made to the planning director, on the forms provided by the planning department, shall supply all required information, and shall be accompanied by the filing fee set forth in County Ordinance No. 671. The planning director shall prepare a report and recommendation on all such applications and shall submit the report and recommendation to the clerk of the board for placement on the board agenda as a matter not requiring a public hearing. Prior to submitting the report and recommendation to the clerk of the board, the comments of the planning commission shall be requested and any comments shall be included in the submission to the board of supervisors. No public hearing before the planning commission shall be required to request such comments.

E.

Amendment Proceedings and Hearings. After adoption of an order of the board of supervisors initiating proceedings for an amendment pursuant to this section, the amendment shall be processed, heard and decided in accordance with Sections 17.08.010 and 17.08.100 of this chapter. If the board adopts orders initiating proceedings for several amendments pursuant to this section, each such amendment may be processed, heard and decided separately or together with other such amendments as determined by the planning director.

F.

Findings. A planning commission resolution recommending approval of an extraordinary general plan foundation component amendment and a board of supervisor's resolution approving an extraordinary general plan foundation component amendment shall include the first two findings listed below and any one or more of the subsequent findings listed below:

1.

The foundation change is based on substantial evidence that new conditions or circumstances disclosed during the review process justify modifying the general plan, that the modifications do not conflict with the overall Riverside County vision, and that they would not create an internal inconsistency among the elements of the general plan. The foregoing requirement for findings shall not apply to any amendment to the Riverside County vision;

2.

A condition exists or an event has occurred that is unusually compelling and can only be rectified by making changes in the current Riverside County vision, general planning principles set forth in general plan Appendix B, or foundation component;

3.

An unconstitutional taking of property might occur without the amendment, and the amendment alters the general plan foundation component only to the extent necessary to avoid the potential taking;

A natural or man-made disaster or public emergency has occurred that warrants a change in general plan foundation component designations in order to protect the public health, safety or welfare;

5.

A foundation component amendment is required to conform to changes in state or federal law, or applicable findings of a court of law;

6.

An amendment is required to comply with an update of the housing element or change in State Housing Element law;

7.

A foundation component amendment is required to significantly expand basic structural employment (such as industrial, agricultural processing, and research and development), excluding retail, service commercial, warehousing, and residential uses not ancillary to the primary employment use;

8.

A foundation component change is necessary to facilitate implementation of open space or transportation corridor designations arising from the adopted MSHCP or community environmental transportation acceptability program (CETAP) programs that could not be accomplished by a lesser change in the general plan.

(Ord. 348.4573 § 2.6, 2008)

(Ord. No. 348.4785, § 8, 5-19-2015)

17.08.070 - Agricultural foundation component general plan amendments.

A.

Applicability. This section shall govern the processing of any general plan amendment to change property to or from the agriculture foundation component.

B.

General Authorization for Agricultural Foundation Component Amendments.

1.

All amendments pursuant to this section shall be assigned to a two and one-half year agricultural foundation amendment cycle based on the date of amendment adoption. The first two and one-half year cycle commenced January 1, 2004 and ended on June 30, 2006; the second two and one-half year cycle extends from July 1, 2006 to December 31, 2008; and subsequent two and one-half year cycles shall continue in the same manner for two and one-half year periods thereafter.

The planning director shall determine the total acreage of land within the agricultural foundation component as of January 1, 2004 (the "Agricultural Foundation Base Acreage"), for each of the following three areas:

a.

The area covered by the Palo Verde Valley area plan, the desert center area plan and the eastern desert land use plan;

b.

The area covered by the Eastern Coachella Valley area plan and the Western Coachella Valley area plan; and

c.

The area covered by all other area plans.

3.

During the first two and one-half year agricultural foundation amendment cycle, seven percent of the agricultural foundation base acreage for each of the areas listed in subsection (B)(2) above shall be generally authorized for conversion from the agriculture foundation component to any other foundation component (the "Agricultural Amendment General Authorization Acreage"). During each subsequent two and one-half year agricultural foundation amendment cycle, the agricultural amendment general

he agricultural foundation base acreage for each of the areas listed in subsection (B)(2) above shall be generally authorized for conversion from the agriculture foundation component to any other foundation component (the "Agricultural Amendment General Authorization Acreage"). During each subsequent two and one-half year agricultural foundation amendment cycle, the agricultural amendment general

authorization acreage for each area listed in subsection (B)(2) above shall consist of an acreage equal to the agricultural amendment general authorization acreage for the first two and one-half year agricultural foundation amendment cycle plus the agricultural amendment general authorization acreage for all subsequent two and one-half year agricultural foundation amendment cycles reduced by the acreage of all general plan amendments adopted after January 1, 2004 (except general plan amendments adopted pursuant to subsection G below) converting land from the agriculture foundation component to any other foundation component for each such area.

4.

Unless otherwise allowed as provided in subsection G below, no amendment pursuant to this section shall be approved by the board of supervisors if such approval would result in a conversion from the agriculture foundation component to any other foundation component in excess of the agricultural amendment general authorization acreage, as determined under subsection (B)(3) above, during any two and one-half year agricultural foundation amendment cycle.

C.

Amendment proceedings and hearings. An amendment pursuant to this section shall be processed, heard and decided in accordance with section 17.08.010 and section 17.08.100 of this ordinance.

D.

Additional Authorization for Agricultural Foundation Component Amendments. Notwithstanding the provisions of subsection B above, the board of supervisors may approve an amendment which exceeds the

agricultural amendment general authorization acreage for any two and one-half year agricultural foundation amendment cycle provided the board first determines that any condition or circumstance including, without limitation, any business consideration or undue hardship, justifies the amendment and also determines that adequate infrastructure to serve the land use designations will be available. Prior to approving an amendment as provided in this subsection, the board of supervisors shall first submit the amendment to the agricultural task force for the area where the property subject to the amendment is located for its review and recommendation.

E.

Findings. A planning commission resolution recommending approval of an agricultural foundation component amendment and board of supervisors resolution approving an agricultural foundation component amendment shall include a finding that the amendment would either contribute to the achievement of the purposes of the general plan or, at a minimum, not be detrimental to them.

(Ord. 348.4573 § 2.7, 2008)

(Ord. No. 348.4785, §§ 9—11, 5-19-2015)

17.08.080 - Specific plans.

Specific plans, and amendments thereto, shall be heard and adopted in accordance with the provisions of Section 65450 et seq. of the Government Code, as now written or hereafter amended, and in accordance with section 17.08.100 of this chapter. The board of supervisors may, by affirmative vote of not less than a majority of the entire membership of the board, order the preparation and hearing of a new specific plan or the amendment of any existing specific plan. Any such order for preparation and hearing shall not imply that any new specific plan or amendment to an existing specific plan will be approved.

(Ord. 348.4573 § 2.8, 2008)

A.

The owner of real property, or a person authorized by the owner, shall have the right to request that the county consider a specific plan or an amendment to an existing specific plan for the real property. The right to request consideration of a specific plan or a specific plan amendment does not imply that the specific plan or the specific plan amendment will be approved. Whenever any state law, the Riverside County general plan or any ordinance requires the adoption of a specific plan as a condition to the approval of a project, an application for a specific plan shall be made pursuant to this section.

B.

Applications shall be made in writing to the planning director on the forms provided by the planning department and shall be accompanied by the fee set forth in County Ordinance No. 671. The application shall supply all required information and shall include the following:

Wherever a proposed specific plan is for a project subject to the Alquist-Priolo Earthquake Fault Zoning Act, Public Resources Code Section 2621 et seq., a geologic report shall be submitted as required by County Ordinance No. 547;

2.

Whenever a proposed specific plan will substantially determine the location of any building sites for structures, a flood protection study shall be submitted with the specific plan along with the fee set forth in County Ordinance No. 671.

C.

A specific plan shall include text and a diagram or diagrams which specify all of the following in detail:

1.

The distribution, location and extent of the uses of land, including open space, within the area covered by the plan;

2.

The proposed distribution, location and extent and intensity of major components of public and private transportation, sewage, water, drainage, solid waste disposal, energy, and other essential facilities proposed to be located within the area covered by the plan;

3.

Standards and criteria by which development will proceed, and standards for the conservation, development, and utilization of natural resources, where applicable;

4.

A program of implementation measures including regulations, programs, public works projects, and financing measures necessary to carry out subsections (C)(1) through (C)(3) of this section.

D.

A specific plan shall include a statement of the relationship of the specific plan to the general plan.

(Ord. 348.4573 § 2.9, 2008)

17.08.100 - Hearings on adoption or amendment of the general plan.

Proposals to adopt or amend the Riverside County general plan, or any part or element thereof, shall be heard in the following manner:

A.

The planning commission shall hold a public hearing on the matter. Notice of the public hearing shall be given pursuant to section 17.04.060 of this title. If the proposed general plan or amendment to the general

plan would affect the permitted uses or intensity of uses of real property, notice of the public hearing shall also be given pursuant to section 17.04.070 of this title.

B.

After closing the public hearing, the planning commission shall make a recommendation for approval or disapproval within a reasonable time, by resolution, including therein its findings, and transmit it to the board of supervisors with a copy mailed to the applicant, if any. A recommendation for approval shall be made by the affirmative vote of not less than a majority of the total membership of the planning commission. If the commission cannot reach a decision within a reasonable time after closing the hearing, that fact shall be reported to the board of supervisors and shall be deemed a recommendation to deny the proposal.

C.

Upon receipt of a recommendation of the planning commission on adoption or amendment of the general plan, the clerk of the board shall set the matter for public hearing before the board of supervisors at the earliest convenient day and shall give notice of public hearing in the same manner as notice was given of the hearing before the planning commission.

D.

After closing the public hearing, the board of supervisors shall render its decision within a reasonable time. A decision to adopt or amend the general plan, or any part or element thereof, shall be made by resolution, which resolution shall be adopted by the affirmative vote of not less than the majority of the total membership of the board. The board of supervisors may approve, modify or disapprove the recommendation of the planning commission; provided, however, that any substantial modification of the planning commission's recommendation not previously considered by the commission shall first be referred to the commission for its recommendation. The planning commission shall not be required to hold a public hearing thereon, and failure of the commission to report within forty-five (45) days after the reference or such longer period of time as may be specified by the board, shall be deemed to be a recommendation for approval of the proposed modification.

E.

A proposal to adopt or amend any part or element of the general plan shall not be approved by the board of supervisors until all procedures required by the Riverside County CEQA implementing procedures to approve a matter have been completed.

(Ord. 348.4573 § 2.10, 2008)

17.08.110 - Determination of project conformance with adopted specific plan.

A.

Whenever an application for an implementing project varies from and is not in substantial conformance with an adopted specific plan, an amendment to that specific plan shall be adopted pursuant to the provisions of section 17.08.080 of this chapter prior to the approval of the implementing project.

B.

Whenever an application for an implementing project varies from but is in substantial conformance with the adopted specific plan, a determination of substantial conformance shall be issued as provided in this subsection prior to the approval of the implementing project.

1.

For purposes of this subsection, the term "substantial conformance" shall mean a nonsubstantial modification of a condition of approval, diagram, or text of the specific plan that does not change the basic design or improvements required and is consistent with the original resolution adopting the specific plan, the conditions of approval, and the specific plan text. Substantial conformance may include a modification or deletion of a condition which will not substantially or adversely affect the underlying purpose for which the condition was initially required, construction of an implementing project out of phase so long as all infrastructure and public facilities required for the intervening phases are provided, a modification of the approved land uses in a phase which does not increase the land use density or intensity in any phase or planning area beyond that allowed by the specific plan or a modification of the project design which improves circulation, protects topographic features, minimizes grading, improves drainage or improves infrastructure.

2.

An application for a determination of substantial conformance shall be made on forms provided by the planning department, shall be accompanied by the fee set forth in County Ordinance No. 671 and shall include the following:

a.

An accurate and complete description of the modification and how it affects the adopted specific plan, along with any necessary exhibits or diagrams;

b.

Any other information, exhibits or drawings the planning director may require.

3.

The planning director shall transmit all such applications to the appropriate agencies for review and comment and shall then forward them, along with a recommendation, to the planning commission for decision. A copy of the notice of decision of the planning commission shall be mailed to the applicant and to any person who has made a written request therefor. The planning director shall also file a copy of the notice of decision of the planning commission with the clerk of the board of supervisors, together with a report of the proceedings, not more than fifteen (15) days after the decision. The clerk of the board shall place the notice of decision on the next agenda of the board of supervisors held five or more days after the clerk receives the notice from the planning director. The decision of the planning commission shall be considered final unless the applicant or an interested party files an appeal with the clerk of the board of supervisors accompanied by the fee set forth in County Ordinance No. 671 within ten (10) days after the notice of decision appear on the board's agenda. If a timely appeal is filed, the clerk shall place the matter

from the planning director. The decision of the planning commission shall be considered final unless the applicant or an interested party files an appeal with the clerk of the board of supervisors accompanied by the fee set forth in County Ordinance No. 671 within ten (10) days after the notice of decision appear on the board's agenda. If a timely appeal is filed, the clerk shall place the matter

on the next available agenda, and the board of supervisors shall determine whether the determination of substantial conformance should be made. An application for a determination of substantial conformance shall not require a noticed public hearing; however, if the planning director, the commission, or the board decides that notice of the application should be given, notice shall be given at the applicant's expense in the manner provided for by Sections 17.04.060 and 17.04.070 of this title. Whenever such a decision requiring notice is made, no further action shall be taken on the application until proper notice has been given. The commission or board of supervisors may, at their discretion, allow testimony to be given on the proposed modification.

4.

An application for a determination of substantial conformance may be approved only if the following findings are made:

a.

That the project as modified meets the intent and purpose of the adopted specific plan; and

b.

That the project as modified is consistent with the findings and conclusions contained in the resolution adopting the specific plan.

C.

Notwithstanding any other provision in this section to the contrary, and even if the application for a determination of substantial conformance otherwise could be approved under this section, an applicant may be required to process a specific plan amendment pursuant to the provisions of section 17.08.090 of this chapter if it is determined that an amendment to the specific plan is required.

(Ord. 348.4573 § 2.11, 2008)

17.08.120 - Reports on conformity with general plan.

A.

The planning department is designated as the planning agency, under the provisions of Section 65402 of the Government Code, and any similar provision of state law, to report on public acquisitions, dispositions, abandonments, and construction, as to conformity with the Riverside County general plan.

B.

Whenever any county department or a public agency is processing a project that requires a report under the provisions of Section 65402 of the Government Code, or any similar provision of state law, application shall be made to the planning director on forms provided by the planning department and shall supply all requested information, including the following:

The name, address and telephone number of applicant, including information regarding any cooperating or involved agencies;

2.

The legal basis for the project on an estimated time schedule for development or action to be taken;

3.

The location, address or legal description of the subject property or area, together with a site plan and description of the proposed project and uses;

4.

The location of adjacent streets, easements, utilities, and other features, both natural and constructed, that may affect or be affected by the proposal;

5.

Development plans of any proposed construction, including such structural features as may be required to determine if the proposal is in conformity with the general plan and any specific plan in effect in the area.

C.

Within forty (40) days after receipt of a completed application, the planning director shall make a report to the applicant as to the conformity of the location, purpose and extent of the proposed project with the general plan.

D.

Within ten (10) days after the date of mailing or delivery of the report of the planning director, the applicant may appeal, in writing, to the planning commission on the form provided by the planning department. Upon receipt of a completed appeal accompanied by the fee set forth in Ordinance No. 671, the planning director shall set the matter for hearing before the planning commission, not less than five nor more than thirty-five (35) days thereafter, and shall give written notice of the hearing, by mail, to the appellant. The decision of the commission shall be made within thirty (30) days following the close of the hearing, shall be final, and a copy shall be mailed to the appellant.

E.

The provisions of subdivision (a) of Section 65402 of the Government Code shall not apply to:

1.

The disposition of the remainder of a larger parcel which was acquired and used in part for street purposes;

2.

Acquisitions, dispositions, or abandonments for street widening or alignment projects, provided such projects are of a minor nature.

F.

The provisions of subdivision (b) of Section 65402 of the Government Code shall not apply to acquisition or abandonment for street widening or alignment projects of a minor nature.

(Ord. 348.4573 § 2.12, 2008)

Chapter 17.12 - ZONE CLASSIFICATIONS AND DISTRICTS

Sections:

For the purpose of providing a uniform basis for zoning, the following zone classifications, referred to alternatively herein as zones, may be applied to the lands in the unincorporated area of the county of Riverside:

(Ord. 348.4423 § 1, 2006; Ord. 348.4422 § 1, 2006; Ord. 348.3692, 1994; Ord. 348.3010, 1989; Ord. 348.2612, 1986; Ord. 348.2623, 1986; Ord. 348.2358, 1984; Ord. 348 § 3.1)

(Ord. No. 348.4802, § 1, 5-19-2015)

17.12.020 - Zone classification boundaries.

Where uncertainty exists as to the boundaries of any zone classification, the following rules shall apply:

A.

Where boundaries are indicated as approximately following street lines, alley lines, or lot lines, such lines shall be construed to be boundaries.

B.

Where boundaries divide lots, the location of such boundaries shall be determined by use of the scale appearing on the underlying map, unless the boundaries are indicated by specific dimensions.

C.

If any public street, alley or other right-of-way is vacated or abandoned, the land formerly in such street, alley or right-of-way shall be included within the boundaries of the zone classification applicable to the adjoining property on each side. In the event such street, alley or right-of-way was a zone classification boundary, the new zone classification boundary shall be the former center line of such street, alley or rightof-way.

(Ord. 348.4423 § 2, 2006: Ord. 348.4422 § 2, 2006: Ord. 348.1545, 1977; Ord. 348 § 3.2)

All the unincorporated area of the county of Riverside is placed in a series of mapped zoning districts. All those areas shown within the boundaries of the following maps are placed within the zone classifications shown on said maps, as adopted or thereafter amended:

(Ord. 348.4624 § 1, 2008; Ord. 348.4623 § 1, 2008; Ord. 348.4622 § 1, 2008; Ord. 348.4621 § 1, 2008; Ord. 348.4619 § 1, 2008; Ord. 348.4618 § 1, 2008; Ord. 348.4617 § 1, 2008; Ord. 348.4616 § 1, 2008; Ord. 348.4615 § 1, 2008; Ord. 348.4614 § 1, 2008; Ord. 348.4613 § 1, 2008; Ord. 348.4612 § 1, 2008; Ord. 348.4611 § 1, 2008; Ord. 348.4610 § 1, 2008; Ord. 4609 § 1, 2008; Ord. 4608 § 1, 2008; Ord. 348.4607 § 1, 2008; Ord. 348.4606 § 1, 2008; Ord. 348.4605 § 1, 2008; Ord. 348.4604 § 1, 2008; Ord. 348.4603 § 1, 2008; Ord. 348.4602 § 1, 2008; Ord. 348.4601 § 1, 2008; Ord. 348.4600 § 1, 2008; Ord. 348.4598 § 1, 2008; Ord. 348.4597 § 1, 2008; Ord. 348.4595 § 1, 2008; Ord. 348.4594 § 1, 2008; Ord. 348.4593 § 1, 2008; Ord. 348.4592 § 1, 2008; Ord. 348.4591 § 1, 2008; Ord. 348.4590 § 1, 2008; Ord. 348.4589 § 1, 2008; Ord. 348.4588 § 1, 2008; Ord. 348.4587 § 1, 2008; Ord. 348.4586 § 1, 2008; Ord. 348.4585 § 1, 2008; Ord. 348.4583 § 1, 2008; Ord. 348.4582 § 1, 2008; Ord. 348.4580 § 1, 2008; Ord. 348.4579 § 1, 2008; Ord. 348.4578 § 1, 2008; Ord. 348.4577 § 1, 2008; Ord. 348.4576 § 1, 2008; Ord. 348.4575 § 1, 2008; Ord. 348.4572 § 1, 2008; Ord. 348.4571 § 1, 2008; Ord. 348.4568 § 1, 2008; Ord. 348.4543 § 1, 2008; Ord. 348.4570 § 1, 2008; Ord. 348.4569 § 1, 2008; Ord. 348.4567 § 1, 2008; Ord. 348.4566 § 1, 2008; Ord. 348.4565 § 1, 2008; Ord. 348.4564 § 1, 2008; Ord. 348.4563 § 1, 2008; Ord. 348.4562 § 1, 2008; Ord. 348.4561 § 1, 2008; Ord. 348.4560 § 1, 2007; Ord. 348.4559 § 1, 2007; Ord. 348.4558 § 1, 2007; Ord. 348.4557 § 1, 2007; Ord. 348.4556 § 1, 2007; Ord. 348.4555 § 1, 2007; Ord. 348.4554 § 1, 2007; Ord. 348.4553 § 1, 2007; Ord. 348.4552 § 1, 2007; Ord. 348.4551 § 1, 2007; Ord. 348.4550 § 1, 2007; Ord. 348.4549 § 1, 2007; Ord. 348.4547 § 1, 2007; Ord. 348.4542 § 1, 2007; Ord. 348.4501 § 1, 2007; Ord. 348.4545 § 1, 2007; Ord. 348.4544 § 1, 2007; Ord. 348.4541 § 1, 2007; Ord. 348.4540 § 1, 2007; Ord. 348.4539 § 1, 2007; Ord. 348.4538 § 1, 2007; Ord. 348.4537 § 1, 2007; Ord. 348.4536 § 1, 2007; Ord. 348.4535 § 1, 2007; Ord. 348.4534 § 1, 2007; Ord. 348.4533 § 1, 2007; Ord. 348.4532 § 1, 2007; Ord. 348.4531 § 1, 2007; Ord. 348.4530 § 1, 2007; Ord. 348.4528 § 1, 2007; Ord. 348.4527 § 1, 2007; Ord. 348.4525 § 1, 2007; Ord. 348.4524 § 1, 2007; Ord. 348.4523 § 1, 2007; Ord. 348.4522 § 1, 2007; Ord. 348.4519 § 1, 2007; Ord. 348.4456 § 1, 2007; Ord. 348.4520 § 1, 2007; Ord. 348.4518 § 1, 2007; Ord. 348.4517 § 1, 2007; Ord. 348.4516 § 1, 2007; Ord. 348.4515 § 1, 2007; Ord. 348.4514 § 1, 2007; Ord. 348.4513 § 1, 2007; Ord. 348.4512 § 1, 2007; Ord. 348.4511 § 1, 2007; Ord. 348.4509 § 1, 2007; Ord. 348.4508 § 1, 2007; Ord. 348.4507 § 1, 2007; Ord. 348.4506 § 1, 2007; Ord. 348.4505 § 1, 2007; Ord. 348.4504 § 1, 2007; Ord. 348.4503 § 1, 2007; Ord. 348.4502 § 1, 2007; Ord. 348.4500 § 1, 2007; Ord. 348.4499 § 1, 2007; Ord. 348.4498 § 1, 2007; Ord. 348.4497 § 1, 2007; Ord. 348.4496 § 1, 2007; Ord. 348.4495 § 1, 2007; Ord. 348.4494 § 1, 2007; Ord. 348.4493 § 1, 2007; Ord. 348.4492 § 1, 2007; Ord. 348.4491 § 1, 2007; Ord. 348.4490 § 1, 2007; Ord. 348.4489 § 1, 2007; Ord. 348.4487 § 1, 2007; Ord. 348.4486 § 1, 2007; Ord. 348.4485 § 1, 2007; Ord. 348.4484 § 1, 2007; Ord. 348.4483 § 1, 2007; Ord. 348.4482 § 1, 2007; Ord. 348.4480 § 1, 2007; Ord. 348.4479 § 1, 2007; Ord. 348.4478 § 1, 2007; Ord. 348.4477 § 1, 2007; Ord. 348.4476 § 1, 2007; Ord. 348.4475 § 1, 2007; Ord. 348.4474 § 1, 2007; Ord. 348.4473 § 1, 2007; Ord. 348.4471 § 1, 2007; Ord. 348.4470 § 1, 2007; Ord. 348.4469 § 1, 2007; Ord. 348.4468 § 1, 2007; Ord. 348.4467 § 1, 2007; Ord. 348.4466 § 1, 2007; Ord. 348.4464 § 1, 2007; Ord. 348.4463 § 1, 2007; Ord. 348.4462 § 1, 2007; Ord. 348.4461 § 1, 2007; Ord. 348.4460 § 1, 2007; Ord. 348.4459 § 1, 2007; Ord. 348.4458 § 1, 2007; Ord. 348.4457 § 1, 2007; Ord. 348.4455 § 1, 2007; Ord. 348.4454 § 1, 2007; Ord. 348.4453 § 1, 2007; Ord. 348.4444 § 1, 2007; Ord. 348.4417 § 1, 2007; Ord. 348.4415 § 1, 2006; Ord. 348.4413 § 1, 2006; Ord. 348.4412 § 1, 2006; Ord. 348.4409 § 1, 2006; Ord. 348.4408 § 1, 2006; Ord. 348.4407 § 1, 2006; Ord. 348.4406 § 1, 2006; Ord. 348.4405 § 1, 2006; Ord. 348.4404 § 1, 2006; Ord. 348.4402 § 1, 2006; Ord. 348.4401 § 1, 2006; Ord. 348.4399 § 1,

2007; Ord. 348.4454 § 1, 2007; Ord. 348.4453 § 1, 2007; Ord. 348.4444 § 1, 2007; Ord. 348.4417 § 1, 2007; Ord. 348.4415 § 1, 2006; Ord. 348.4413 § 1, 2006; Ord. 348.4412 § 1, 2006; Ord. 348.4409 § 1, 2006; Ord. 348.4408 § 1, 2006; Ord. 348.4407 § 1, 2006; Ord. 348.4406 § 1, 2006; Ord. 348.4405 § 1, 2006; Ord. 348.4404 § 1, 2006; Ord. 348.4402 § 1, 2006; Ord. 348.4401 § 1, 2006; Ord. 348.4399 § 1,

2006; Ord. 348.4398 § 1, 2006; Ord. 348.4397 § 1, 2006; Ord. 348.4396 § 1, 2006; Ord. 348.4395 § 1, 2006; Ord. 348.4394 § 1, 2006; Ord. 348.4361 § 1, 2006; Ord. 348.1545, 1977; Ord. 348 § 4.1)

(Ord. 348.4625, § 1, 11-25-2008; Ord. 348.4626, § 1, 11-25-2008; Ord. 348.4627, § 1, 11-25-2008; Ord. 348.4628, § 1, 11-25-2008; Ord. 348.4629, § 1, 12-9-2008; Ord. 348.4620, § 1, 12-23-2008; Ord. No. 348.4630, § 1, 12-23-2009; Ord. 348.4631, § 1, 12-23-2008; Ord. 348.4632, § 1, 1-13-2009; Ord. 348.4633, § 1, 1-27-2009; Ord. 348.4634, § 1, 1-27-2009; Ord. 348.4635, § 1, 1-27-2009; Ord. 348.4639, § 1, 3-172009; Ord. 348.4640, § 1, 3-31-2009; Ord. 348.4642, § 1, 3-31-2009; Ord. 348.4643, § 1, 4-14-2009; Ord. 348.4644, § 1, 6-9-2009; Ord. 348.4645, § 1, 6-9-2009; Ord. 348.4646, § 1, 6-9-2009; Ord. 348.4648, § 1, 5-12-2009; Ord. No. 348.4649, § 1, 5-12-2009; Ord. 348.4651, § 1, 6-16-2009; Ord. 348.4652, § 1, 6-162009; Ord. 348.4653, § 1, 6-23-2009; Ord. 348.4654, § 1, 6-23-2009; Ord. 348.4655, § 1, 6-23-2009; Ord. 348.4656, § 1, 7-14-2009; Ord. 348.4657, § 1, 7-14-2009; Ord. 348.4658, § 1, 7-14-2009; Ord. 348.4659, § 1, 7-14-2009; Ord. 348.4660, § 1, 7-21-2009; Ord. 348.4661, § 1, 7-21-2009; Ord. 348.4662, § 1, 9-1-2009; Ord. 348.4663, § 1, 9-1-2009; Ord. 348.4664, § 1, 9-15-2009; Ord. No. 348.4665, § 1, 10-6-2009; Ord. No. 348.4667, § 1, 11-3-2009; Ord. No. 348.4668, § 1, 11-24-2009; Ord. No. 348.4669, § 1, 11-24-2009; Ord. No. 348.4670, § 1, 11-24-2009; Ord. No. 348.4671, § 1, 11-24-2009; Ord. No. 348.4673, § 1, 12-1-2009; Ord. No. 348.4675, § 1, 12-15-2009; Ord. No. 348.4676, § 1, 12-22-2009; Ord. 348.4666, § 1, 12-22-2009; Ord. 348.4678, § 1, 1-12-2010; Ord. 348.4681, § 1, 2-9-2010; Ord. 348.4682, § 1, 1-12-2010; Ord. 348.4683, § 1, 1-12-2010; Ord. 348.4684, § 1, 1-12-2010; Ord. 348.4685, § 1, 1-26-2010; Ord. 348.4686, § 1, 1-26-2010; Ord. 348.4687, § 1, 1-26-2010; Ord. 348.4689, § 1, 2-23-2010; Ord. 348.4692, § 1, 3-232010; Ord. 348.4679, § 1, 3-23-2010; Ord. 348.4693, § 1, 4-6-2010; Ord. 348.4694, § 1, 4-20-2010; Ord. 348.4696, § 1, 5-4-2010; Ord. 348.4697, § 1, 5-4-2010; Ord. 348.4674, § 1, 5-25-2010; Ord. 348.4695, § 1, 5-25-2010; Ord. 348.4698, § 1, 5-18-2010; Ord. 348.4699, § 1, 5-25-2010; Ord. 348.4700, § 1, 5-25-2010; Ord. 348.4701, § 1, 6-8-2010; Ord. 348.4704, § 1, 6-15-2010; Ord. 348.3707, § 1, 8-31-2010; Ord. 348.4708, § 1, 9-28-2010; Ord. 348.4709, § 1, 9-28-2010; Ord. 348.4710, § 1, 10-5-2010; Ord. 348.4711, § 1, 11-2-2010; Ord. 348.4712, § 1, 11-2-2010; Ord. 348.4715, § 1, 1-11-2011; Ord. 348.4716, § 1, 1-112011; Ord. 348.4717, § 1, 1-25-2011; Ord. 348.4546, § 1, 2-15-2011; Ord. 348.4393, § 1, 3-1-2011; Ord. 348.4722, § 1, 6-7-2011; Ord. 348.4723, § 1, 6-14-2011; Ord. 348.4725, § 1, 7-26-2011; Ord. No. 348.4724, § 1, 7-12-2011; Ord. No. 348.4719, § 1, 8-16-2011; Ord. No. 348.4726, § 1, 8-16-2011; Ord. No. 348.4727, § 1, 8-16-2011; Ord. No. 348.4728, § 1, 9-13-2011; Ord. No. 348.4730, § 1, 10-4-2011; Ord. No. 348.4731, § 1, 10-4-2011; Ord. No. 348.4720, § 1, 12-6-2011; Ord. No. 348.4718, § 1, 1-10-2012; Ord. No. 348.4721, § 1, 1-10-2012; Ord. No. 348.4733, § 1, 1-10-2012; Ord. No. 348.4736, § 1, 2-28-2012; Ord. No. 348.4738, § 1, 2-28-2012; Ord. No. 348.4739, § 1, 3-20-2012; Ord. No. 348.4740, § 1, 3-13-2012; Ord. No. 348.4742, § 1, 4-10-2012; Ord. No. 348.4743, § 1, 5-1-2012; Ord. No. 348.4745, § 1, 6-5-2012; Ord. No. 348.4746, § 1, 6-5-2012; Motion of 8-28-2012; Ord. No. 348.4747, § 1, 9-11-2012; Ord. No. 348.4748, § 1, 9-11-2012; Ord. No. 348.4749, § 1, 9-11-2012; Ord. No. 348.4751, § 1, 11-6-2012; Ord. No. 348.4752, § 1, 12-11-2012; Ord. No. 348.4753, § 1, 12-11-2012; Ord. No. 348.4754, § 1, 12-18-2012; Ord. No. 348.4757, § 1, 5-7-2013; Ord. No. 348.4758, § 1, 5-21-13; Ord. No. 348.4759, § 1, 8-20-2013; Ord. No. 348.4760, § 1, 8-20-2013; Ord. No. 348.4761, § 1, 8-20-2013; Ord. No. 348.4762, § 1, 8-20-2013; Ord. No. 348.4763, § 1, 8-20-2013; Ord. No. 348.4764, § 1, 9-24-2013; Ord. No. 348.4765, § 1, 9-24-2013; Ord. No. 348.4766, § 1, 11-5-2013; Ord. No. 348.4767, § 1, 11-5-2013; Ord. No. 348.4768, § 1, 11-5-2013; Ord. No. 348.4769, § 1, 11-5-2013; Ord. No. 348.4770, § 1, 11-26-2013; Ord. No. 348.4771, § 1, 12-3-2013; Ord. No. 348.4772, § 1, 12-17-2013; Ord. No. 348.4775, § 1, 3-18-2014; Ord. No. 348.4776, § 1, 3-25-2014; Ord. No. 348.4777, § 1, 4-1-2014; Ord. No. 348.4774, § 1, 4-8-2014; Ord. No. 348.4779, § 1, 4-29-2014; Ord. No. 348.4780, § 1, 4-29-2014; Ord. No. 348.4782, § 1, 7-1-2014; Ord. No. 348.4783, § 1, 7-15-2014; Ord. No. 348.4784, §

No. 348.4770, § 1, 11-26-2013; Ord. No. 348.4771, § 1, 12-3-2013; Ord. No. 348.4772, § 1, 12-17-2013; Ord. No. 348.4775, § 1, 3-18-2014; Ord. No. 348.4776, § 1, 3-25-2014; Ord. No. 348.4777, § 1, 4-1-2014; Ord. No. 348.4774, § 1, 4-8-2014; Ord. No. 348.4779, § 1, 4-29-2014; Ord. No. 348.4780, § 1, 4-29-2014; Ord. No. 348.4782, § 1, 7-1-2014; Ord. No. 348.4783, § 1, 7-15-2014; Ord. No. 348.4784, §

1, 7-29-2014; Ord. No. 348.4787, § 1, 10-7-2014; Ord. No. 348.4789, § 1, 10-7-2014; Ord. No. 348.4790, § 1, 10-7-2014; Ord. No. 348.4793, § 1, 10-21-2014; Ord. No. 348.4786, § 1, 10-28-2014; Ord. No. 348.4792, § 1, 10-28-2014; Ord. No. 348.4794, § 1, 12-9-2014; Ord. No. 348.4797, § 1, 12-9-2014; Ord. No. 348.4798, § 1, 12-9-2014; Ord. No. 348.4799, § 1, 3-24-2015; Ord. No. 348.4801, § 1, 3-24-2015; Ord. No. 348.4795, § 1, 4-7-2015; Ord. No. 348.4804, § 1, 9-22-15; Ord. No. 348.4805, § 1, 6-2-2015; Ord. No. 348.4807, § 1, 8-18-2015; Ord. No. 348.4808, § 1, 9-1-2015; Ord. No. 348.4809, § 1, 9-15-2015; Ord. No. 348.4811, § 1, 8-18-2015; Ord. No. 348.4812, § 1, 11-3-15; Ord. No. 348.4813, § 1, 9-1-2015; Ord. No. 348.4814, § 1, 9-22-15; Ord. No. 348.4815, § 1, 10-27-15; Ord. No. 348.4817, § 1, 11-17-15; Ord. No. 348.4810, § 1, 12-8-2015; Ord. No. 348.4816, § 1, 2-9-2016; Ord. No. 348.4819, § 1, 1-12-2016; Ord. No. 348.4820, § 1, 12-15-2015; Ord. No. 348.4821, § 1, 1-12-2016; Ord. No. 348.4823, § 1, 2-9-2016; Ord. No. 348.4824, § 1, 4-5-2016; Ord. No. 348.4825, § 1, 4-5-16; Ord. No. 348.4827, § 1, 5-3-16; Ord. No. 348.4828, § 1, 5-3-16; Ord. No. 348.4830, § 1, 5-3-16; Ord. No. 348.4831, § 1, 5-3-16; Ord. No. 348.4832, § 1, 5-3-16; Ord. No. 348.4833, § 1, 5-3-16; Ord. No. 348.4834, § 1, 5-3-16; Ord. No. 348.4836, § 1, 5-242016; Ord. No. 348.4837, § 1, 5-24-2016; Ord. No. 348.4829, § 1, 6-21-2016; Ord. No. 348.4842, § 1, 9-132016; Ord. No. 348.4843, § 1, 9-13-2016; Ord. No. 348.4844, § 1, 10-25-2016; Ord. No. 348.4845, § 1, 1025-2016; Ord. No. 348.4846, § 1, 10-25-2016; Ord. No. 348.4847, § 1, 10-25-2016; Ord. No. 348.4848, § 1, 10-25-2016; Ord. No. 348.4849, § 1, 10-25-2016; Ord. No. 348.4850, § 1, 10-25-2016; Ord. No. 348.4838, § 1, 12-6-2016; Ord. No. 348.4839, § 1, 12-6-2016; Ord. No. 348.4841, §§ 1—10, 12-6-2016; Ord. No. 348.4851, § 1, 11-15-2016; Ord. No. 348.4852, § 1, 12-13-2016; Ord. No. 348.4860, § 2, 7-11-2017; Ord. No. 348.4858, § 1, 7-25-2017;Ord. No. 348.4859, § 1, 7-25-2017; Ord. No. 348.4861, § 1, 7-25-2017; Ord. No. 348.4863, § 1, 8-29-2017; Ord. No. 348.4864, § 1, 8-29-2017; Ord. No. 348.4865, § 1, 8-16-2017; Ord. No. 348.4868, § 1, 10-24-2017; Ord. No. 348.4871, § 1, 10-24-2017; Ord. No. 348.4872, § 1, 10-24-2017; Ord. No. 348.4870, § 1, 10-31-2017; Ord. No. 348.4869, § 1, 11-7-2017; Ord. No. 348.4866, § 1, 11-142017; Ord. No. 348.4876, § 1, 12-12-2017; Ord. No. 348.4873, § 1, 1-23-2018; Ord. No. 348.4874, § 1, 1- 23-2018; Ord. No. 348.4875, § 1, 3-12-2019; Ord. No. 348.4879, § 1, 3-20-2018; Ord. No. 348.4867, § 1, 3- 27-2018; Ord. No. 348.4878, § 1, 3-27-2018; Ord. No. 348.4882, § 1, 3-27-2018; Ord. No. 348.4877, § 1, 6- 5-2018; Ord. No. 348.4880, § 1, 5-8-2018; Ord. No. 348.4883, § 1, 5-22-2018; Ord. No. 348.4884, § 1, 6- 19-2018; Ord. No. 348.4888, § 1, 6-26-2018; Ord. No. 348.4889, § 1, 6-26-2018; Ord. No. 348.4890, § 1, 6- 26-2018; Ord. No. 348.4891, § 1, 6-26-2018; Ord. No. 348.3892, § 1, 7-31-2018; Ord. No. 348.4886, § 1, 8- 28-2018; Ord. No. 348.4894, § 1, 9-11-2018; Ord. No. 348.4895, § 1, 9-25-2018; Ord. No. 348.4902, § 1, 12-11-2018; Ord. No. 348.4900, § 1, 1-29-2019; Ord. No. 348.4905, § 1, 1-29-2019; Ord. No. 348.4887, § 1, 2-26-2019; Ord. No. 348.4899, § 1, 3-26-2019; Ord. No. 348.4903, § 1, 4-9-2019; Ord. No. 348.4893, § 1, 4-16-2019; Ord. No. 348.4901, § 1, 4-16-2019; Ord. No. 348.4907, § 1, 4-16-2019; Ord. No. 348.4904, § 1, 6-4-2019; Ord. No. 348.4909, § 1, 6-4-2019; Ord. No. 348.4910, § 1, 6-4-2019; Ord. No. 348.4914, § 1, 10-1-2019; Ord. No. 348.4915, § 1, 10-27-2020; Ord. No. 348.4918, § 1, 12-10-2019; Ord. No. 348.4923, § 1, 3-10-2020; Ord. No. 348.4925, § 1, 3-17-2020; Ord. No. 348.4916, § 1, 5-19-2020; Ord. No. 348.4919, § 1, 3-28-2023; Ord. No. 348.4928, § 1, 6-30-2020; Ord. No. 348.4929, § 1, 7-7-2020; Ord. No. 348.4924, § 1, 8-4-2020; Ord. No. 348.4932, § 1, 8-4-2020; Ord. No. 348.4934, § 1, 11-17-2020; Ord. No. 348.4935, § 1, 8-4-2020; Ord. No. 348.4936, § 1, 8-4-2020; Ord. No. 348.4937, § 1, 11-10-2020; Ord. No. 348.4938, § 1, 8-25-2020; Ord. No. 348.4939, § 1, 11-10-2020; Ord. No. 348.4940, § 1, 9-1-2020; Ord. No. 348.4941, § 1, 11-10-2020; Ord. No. 348.4942, § 1, 11-10-2020; Ord. No. 348.4943, § 1, 9-29-2020; Ord. No. 348.4944, § 1, 11-17-2020; Ord. No. 348.4945, § 1, 2-9-2021; Ord. No. 348.4946, § 1, 12-15-2020; Ord. No. 348.4948, § 1, 4-27-2021; Ord. No. 348.4949, § 1, 3-9-2021; Ord. No. 348.4951, § 1, 4-27-2021; Ord. No. 348.4952, § 1, 3-9-2021; Ord. No. 348.4953, § 1, 3-23-2021; Ord. No. 348.4954, § 1, 3-30-2021; Ord. No. 348.4955, § 1, 3-30-2021; Ord. No. 348.4957, § 1, 4-13-2021; Ord. No. 348.4958, § 1, 4-27-2021; Ord. No.

7-2020; Ord. No. 348.4945, § 1, 2-9-2021; Ord. No. 348.4946, § 1, 12-15-2020; Ord. No. 348.4948, § 1, 4-27-2021; Ord. No. 348.4949, § 1, 3-9-2021; Ord. No. 348.4951, § 1, 4-27-2021; Ord. No. 348.4952, § 1, 3-9-2021; Ord. No. 348.4953, § 1, 3-23-2021; Ord. No. 348.4954, § 1, 3-30-2021; Ord. No. 348.4955, § 1, 3-30-2021; Ord. No. 348.4957, § 1, 4-13-2021; Ord. No. 348.4958, § 1, 4-27-2021; Ord. No.

348.4959, § 1, 6-29-2021; Ord. No. 348.4960, § 1, 6-27-2021; Ord. No. 348.4961, § 1, 6-15-2021; Ord. No. 348.4962, § 1, 6-29-2021; Ord. No. 348.4963, § 1, 6-29-2021; Ord. No. 348.4965, § 1, 7-20-2021; Ord. No. 348.4967, § 1, 7-27-2021; Ord. No. 348.4968, § 1, 7-27-2021; Ord. No. 348.4969, § 1, 8-17-2021; Ord. No. 348.4853, § 1, 8-17-2021; Ord. No. 348.4970, § 1, 8-24-2021; Ord. No. 348.4971, § 1, 9-14-2021; Ord. No. 348.4972, § 1, 9-14-2021; Ord. No. 348.4973, § 1, 9-14-2021; Ord. No. 348.4974, § 1, 9-14-2021; Ord. No. 348.4964, § 1, 10-5-2021; Ord. No. 348.4975, § 1, 11-2-2021; Ord. No. 348.4976, § 1, 1-25-2022; Ord. No. 348.4979, § 1, 3-29-2022; Ord. No. 348.4981, § 1, 4-5-2022; Ord. No. 348.4982, § 1, 4-5-2022; Ord. No. 348.4984, § 1, 5-24-2022; Ord. No. 348.4985, § 1, 6-28-2022; Ord. No. 348.4986, § 1, 7-12-2022; Ord. No. 348.4987, § 1, 7-26-2022; Ord. No. 348.4988, § 1, 8-2-2022; Ord. No. 348.4989, § 1, 8-30-2022; Ord. No. 348.4990, § 1, 8-30-2022; Ord. No. 348.4991, § 1, 9-10-2022; Ord. No. 348.4992, § 1, 9-13-2022; Ord. No. 348.4993, § 1, 9-20-2022; Ord. No. 348.4994, § 1, 1-10-2023; Ord. No. 348.4995, § 1, 12-13-2022; Ord. No. 348.4996, § 1, 3-28-2023; Ord. No. 348.4998, § 1, 4-4-2023; Ord. No. 348.4999, § 1, 4-4-2023; Ord. No. 348.5000, § 1, 5-2-2023; Ord. No. 348.5001, § 1, 5-23-2023; Ord. No. 348.5002, § 1, 6-13-2023; Ord. No. 348.5003, § 1, 10-31-2023; Ord. No. 348.5004, § 1, 10-31-2023; Ord. No. 348.5006, § 1, 12-5-2023; Ord. No. 348.5007, § 1, 1-9-2024; Ord. No. 348.5008, § 1, 1-23-2024; Ord. No. 348.5009, § 1, 1-30-2024; Ord. No. 348.5010, § 1, 2-6-2024; Ord. No. 348.5011, § 1, 3-5-2024; Ord. No. 348.5012, § 1, 4-9-2024; Ord. No. 348.5013, § 1, 4-2-2024; Ord. No. 348.5015, § 1, 6-4-2024; Ord. No. 348.5016, § 1, 6-4-2024; Ord. No. 348.5017, § 1, 6-25-2024; Ord. No. 348.5019, § 1, 7-9-2024; Ord. No. 348.5020, § 1, 6-25-2024; Ord. No. 348.5021, § 1, 7-30-2024; Ord. No. 348.5022, § 1, 7-30-2024; Ord. No. 348.5023, § 1, 10-8-2024; Ord. No. 348.5024, § 1, 10-8-2024; Ord. No. 348.5026, § 1, 12-3-2024; Ord. No. 348.5027, § 1, 1-28-2025; Ord. No. 348.5029, § 1, 5-6-2025; Ord. No. 348.5030, § 1, 5-6-2025; Ord. No. 348.5032, § 1, 5-6-2025; Ord. No. 348.5035, § 1, 7-29-2025; Ord. No. 348.5036, § 1, 7-29-2025; Ord. No. 348.5037, § 1, 8-26-2025; Ord. No. 348.5033, § 1, 11-4-2025; Ord. No. 348.5034, § 1, 11-4-2025; Ord. No. 348.5045, § 1, 11-4-2025; Ord. No. 348.5046, § 1, 11-4-2025; Ord. No. 348.5047, § 1, 11-4-2025; Ord. No. 348.5048, § 1, 11-4-2025; Ord. No. 348.5049, § 1, 12-16-2025; Ord. No. 348.5050, § 1, 12-16-2025)

1, 5-6-2025; Ord. No. 348.5035, § 1, 7-29-2025; Ord. No. 348.5036, § 1, 7-29-2025; Ord. No. 348.5037, § 1, 8-26-2025; Ord. No. 348.5033, § 1, 11-4-2025; Ord. No. 348.5034, § 1, 11-4-2025; Ord. No. 348.5045, § 1, 11-4-2025; Ord. No. 348.5046, § 1, 11-4-2025; Ord. No. 348.5047, § 1, 11-4-2025; Ord. No. 348.5048, § 1, 11-4-2025; Ord. No. 348.5049, § 1, 12-16-2025; Ord. No. 348.5050, § 1, 12-16-2025)

Editor's note—A motion approved August 28, 2012 from the Board of Supervisors set aside Ordinance No. 348.4679 relating to amending zoning districts, Map No. 2.2321; SP zone requirements and standards for Specific Plan No. 342; Mixed Use Overlays.

On July 11, 2012, judgment was entered against the County in Friends of the Northern San Jacinto Valley et al. v. County of Riverside et al. (RIC 100007572 and related cases RIC 10007574, RIC10007586). The judgment directs the Board of Supervisors to take the above actions. The judgment further directs that the Board refrain from approving these same or new approvals relating to or implementing The Villages of Lakeview Project until such time as the County fully complies with CEQA and State Planning and Zoning Law. The County and Board have decided not to appeal the judgment.

17.12.040 - Uses allowed in zone classifications.

The terminology used in section 17.12.010 of this title is general only and is not intended to be descriptive of all uses allowed in the zone classifications. The zone classifications are specifically set forth in subsequent articles of this ordinance to which reference should be made to determine all the uses permitted therein. When a use is not specifically listed as permitted or conditionally permitted in a zone classification, the use is prohibited unless, in circumstances where this ordinance empowers them to do so, the planning director makes a determination that the use is substantially the same in character and intensity as those uses permitted or conditionally permitted in the zone classification. Unless expressly authorized

by this ordinance, nothing in this ordinance shall be construed to allow a use that is otherwise illegal under state law or federal law.

(Ord. 348.4423 § 3, 2006: Ord. 348.4422 § 3, 2006)

(Ord. No. 348.4802, § 2, 5-19-2015; Ord. No. 348.4898, § 6, 10-23-2018)

A medical marijuana dispensary is any facility or location, whether fixed or mobile, where medical marijuana is made available to, distributed to, or distributed by, one or more of the following: a primary caregiver, a qualified patient, or a patient with an identification card as those terms are defined in Health and Safety Code Section 11362.5 et seq. A "medical marijuana dispensary" shall not include the following uses, provided that such uses comply with this chapter and all other applicable laws, including, but not limited to, Health and Safety Code Section 11362.5 et seq., a clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code, a health facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code, a residential care facility for persons with chronic life-threatening illness licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code, a residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code, a residential hospice or a home health agency licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code.

(Ord. 348.4423 § 4, 2006: Ord. 348.4422 § 4, 2006)

Editor's note— Ord. No. 348.4898, § 7, adopted October 23, 2018, repealed § 17.12.060, which pertained to cannabis businesses and cannabis activities. See Ordinance List and Disposition Table for complete derivation.

Chapter 17.16 - R-R RURAL RESIDENTIAL ZONE

Sections:

17.16.010 - Uses permitted.

A.

The following uses are permitted:

1.

One-family dwellings;

2.

Water works facilities, both public and private, intended primarily for the production and distribution of water for irrigation purposes;

Nurseries, greenhouses, orchards, aviaries, apiaries, field crops, tree crops, berry and bush crops, vegetables, flower and herb gardening on a commercial scale; the drying, packing, canning, freezing and other accepted methods of processing the produce resulting from such permitted uses, when such processing is primarily in conjunction with a farming operation; and further provided, that the permanent buildings and structures used in conjunction with such drying, packing and processing operations are not nearer than twenty (20) feet from the boundaries of the premises;

4.

The grazing of cattle, horses, sheep, goats or other farm stock or animals, not including hogs, including the supplementary feeding thereof, not to exceed five animals per acre of all the land available; provided, however, the systematic rotation of animals with more than five animals per acre is permitted so long as the total number of permitted animals is not exceeded. For the grazing of sheep or goats, the permissible number of animals per acre may be multiplied by three, except that there shall be no limit to the permissible number of sheep which may be grazed per acre when the grazing is for the purpose of cleaning up unharvested crops; provided, that such grazing is not conducted for more than four weeks in any six-month period. The provisions of this subsection apply to mature breeding stock, maintenance stock and similar farm stock, and shall not apply to the offspring thereof, if such offspring are being kept, fed or maintained solely for sale, marketing or slaughtering at the earliest practical age of maturity. In all cases the permissible number of animals per acre shall be computed upon the basis of the nearest equivalent ratio;

5.

Farms for rabbits, fish, frogs, chinchilla, or other small animals (excluding crowing fowl);

6.

Farms or establishment for the selective or experimental breeding and raising of cattle, sheep, goats and horses, subject to the limitations set forth in subsection (A)(4) of this section;

7.

The noncommercial raising of hogs, not to exceed five animals; provided, however, that the total number of animals permitted on parcels of less than one acre shall not exceed two animals except that no animals shall be permitted on lots of less than twenty thousand (20,000) square feet. For the purposes of determining the number of hogs on a parcel, both weaned and unweaned hogs shall be counted (see county Ordinance No. 431 regarding hog ranches);

8.

Future Farmers of America (FFA) or 4-H projects conducted by the occupants of the premises. Provided, however, if the project involves crowing fowl, an unexpired crowing fowl affidavit form describing the project must be on file with the planning director. Affidavit forms are available at the planning department and may be filed free of charge;

9.

A temporary stand for the display and sale of the agriculture produce of any permitted use that is produced upon the premises where such stand is located or upon contiguous lands owned or leased by the owner or occupant of the premises. Off-street parking shall be as required in Chapter 17.188, except that no paving shall be required;

10.

A sign, single- or double-faced, not exceeding twelve (12) square feet in area per face, advertising only the sale of the services or the products produced on the premises. The sign shall not be lighted or have flashing objects or banners;

11.

Mobilehome, used as a one-family residence, subject to the following conditions:

a.

Mobilehome shall have a floor area of not less than four hundred fifty (450) square feet;

b.

The area between the ground level and the floor of the mobilehome shall be screened from view by an opaque skirt entirely around the mobilehome;

12.

Home occupations;

13.

Planned residential developments, provided a land division is approved pursuant to the provisions of county Ordinance No. 460 and the development standards in section 17.180.010 or 17.180.020;

14.

Reserved;

15.

Mining operation that is subject to the California Surface Mining and Reclamation Act of 1975 is permitted; provided, that the operator thereof holds a permit to conduct surface mining operations issued pursuant to county Ordinance No. 555, which has not been revoked or suspended;

16.

The noncommercial raising of not more than five miniature pigs on lots of not less than twenty thousand (20,000) square feet, subject to the following conditions:

a.

Any person owning or having custody or control of a miniature pig over the age of four months shall pay for and obtain a license from the animal control department.

b.

Any miniature pig kept or maintained on a lot with a use permitted under subsection (A)(1) of this section shall be spayed or neutered as a condition of being licensed. No license shall be issued unless the owner or custodian of the miniature pig presents a valid certificate from a veterinarian. All unaltered miniature pigs shall be subject to immediate impoundment.

c.

No miniature pig may weigh more than two hundred (200) pounds.

d.

Any person owning or having charge, care, custody or control of any miniature pig shall keep such pig exclusively upon his or her own premises; provided, however, such pig may be off such premises if under restraint of a competent person.

e.

The miniature pig must be kept in an enclosure that is no closer than thirty (30) feet from the front property line, fifteen (15) feet from any side or rear property line and no closer than thirty-five (35) feet of any dwelling unit other than the dwelling unit on the subject lot;

17.

The keeping or raising of not more than twelve (12) mature female crowing fowl on lots or parcels between twenty thousand (20,000) square feet and thirty-nine thousand, nine hundred ninety-nine (39,999) square feet or not more than fifty (50) mature female crowing fowl and ten (10) mature male crowing fowl on lots of forty thousand (40,000) square feet or more for the use of the occupants of the premises. The crowing fowl shall be kept in an enclosed area located not less than twenty (20) feet from any property line and not less than fifty (50) feet from any residence and shall be maintained on the rear portion of the lot in conjunction with a residential use.

18.

The outside storage of materials on improved lots or parcels of one-half acre to one acre provided the amount is limited to one hundred (100) square feet with a maximum height of three feet and on improved lots or parcels of one acre or more provided the amount is limited to two hundred (200) square feet with a maximum height of three feet.

19.

Employee housing meeting the requirements, as determined by the planning director, set forth in Health and Safety Code Section 17021.8, as may be amended, or consisting of no more than thirty-six (36) beds in a group quarters or twelve (12) units or spaces designed for use by a single-family or household. Review of determinations that employee housing meets the requirements set forth in Health and Safety Code Section

17021.8 shall be processed and considered by the planning commission in accordance with Health and Safety Code Section 17021.8.(c).

B.

Public utility uses:

1.

Structures and installations necessary to the conservation and development of water such as dams, pipelines, water conduits, tanks, canals, reservoirs, wells and the necessary pumping and water production facilities;

2.

Structures and the pertinent facilities necessary and incidental to the development and transmission of electrical power and gas such as hydroelectric power plants, booster or conversion plants, transmission lines, pipelines and the like;

3.

Radio broadcasting stations;

4.

Telephone transmission lines, telephone exchanges and offices;

5.

Railroads, including the necessary facilities in connection therewith;

6.

Television broadcasting stations, antennas, and cable installations, and microwave relay stations.

C.

The following uses are permitted provided approval of a plot plan shall first have been obtained pursuant to the provisions of Chapter 17.216:

1.

Fishing lakes, commercial and noncommercial;

2.

Guest ranches and motels;

3.

Educational institutions, libraries, museums and post office;

Golf, tennis, polo or country clubs, archery and golf and driving ranges;

5.

Commercial uses for the convenience of and incidental to any of the above permitted uses when located upon the same lot or parcel of land;

6.

Feed and grain sales;

7.

Garden supply stores;

8.

Pet shops and pet supply shops;

9.

Real estate offices;

Signs, on-site advertising;

11.

Arts, crafts and curio shops;

12.

Fraternal lodges, including grange halls;

13.

Churches, temples and other places of religious worship;

14.

Private schools;

15.

A permanent stand for the display and sale of the agriculture product of any permitted use that is produced upon the premises where such stand is located or upon contiguous lands owned or leased by the owner or occupant of the premises;

An additional one-family dwelling (including mobilehomes), excluding the principal dwelling, shall be allowed for each ten (10) acres gross being farmed. The additional dwelling units shall be located on a parcel being farmed and occupied by the owner, operator or employee of the farming operation as a onefamily residence; provided that:

a.

The mobilehome shall have a floor area of not less than four hundred fifty (450) square feet;

b.

The dwellings are not rented or held out for lease to anyone other than an employee of the farming operation;

c.

The dwellings are located not less than fifty (50) feet from any property line;

d.

The dwellings are screened from view from the front property line by shrubs or trees;

e.

The arrangement of the dwellings, sanitary facilities and utilities conforms with all of the requirements of the county health department, the county of building and safety department, and state law;

f.

The number of dwellings for employees shall not exceed four per established farming operation;

17.

Beauty shops, including beauty shops operated from a home by its inhabitants where no assistants are employed and the on-site sign is unlighted and does not exceed two square feet in area;

18.

Winery and appurtenant and incidental uses with established on-site vineyard;

19.

Temporary real estate tract offices located within a subdivision, to be used only for and during the original sale of the subdivision, but not to exceed a period of two years in any event;

20.

Public parks and public playgrounds, golf courses with standard length fairways, and county clubs;

21.

Child day care center.

D.

The following uses are permitted provided a conditional use permit has been granted:

1.

Airport or landing field;

2.

Auto wrecking yards;

3.

Any mining operation which is exempt from the provisions of the California Surface Mining and Reclamation Act of 1975 and Riverside County Ordinance No. 555;

4.

Cemetery, pet or human;

5.

Commercial fairgrounds;

6.

Commercial stables and riding academies;

7.

Antique shops;

8.

Automobile service stations and repair garages with or without the concurrent sale of alcoholic beverages for off-premises consumption.

9.

Bakery shops, including baking only when incidental to retail sales on the premises;

10.

Barber shops and beauty shops;

11.

Bars and cocktail lounges;

Billiard and pool halls;

13.

Cleaning and dyeing shop;

14.

Retail pharmacies;

15.

Equipment rental services, including rototillers, power mowers, sanders, power saws, cement and plaster mixers not exceeding ten (10) cubic feet in capacity, and other similar equipment;

16.

Food, meat, poultry and produce markets;

17.

Frozen food lockers;

18.

Hardware stores;

19.

Laundries and laundromats;

20.

Liquid petroleum service stations, with or without the concurrent sale of alcoholic beverages for offpremises consumption, provided that if storage tanks are above ground, the total capacity of all tanks shall not exceed ten thousand (10,000) gallons. Storage tanks shall be painted a neutral color and shall not have any advertising painted or placed on their surface.

21.

Liquor stores pursuant to the provisions of Chapter 17.248;

22.

Parking lots and parking buildings, pursuant to the provisions of Chapter 17.188;

23.

Professional offices;

Refreshment stands;

25.

Restaurants and other eating establishments;

26.

Shoe stores and repair shops;

27.

Stations, bus, railroad and taxi;

Tire sales and service;

Tourist information centers;

30.

Underground bulk fuel storage;

31.

Auction houses and yards;

32.

Dune buggy parks;

33.

Fruit and vegetable packing plants and similar uses;

34.

Hog ranches, subject to the provisions of county Ordinance No. 431;

Hunting clubs;

36.

Lumber production of a commercial nature, including commercial logging or commercial development of timber and lumber mills;

Machine shops;

The manufacture of:

a.

Brick, tile or terra-cotta,

b.

Cement and cement products,

c.

Gypsum,

d.

Lime or lime products;

Menageries;

Migrant agricultural workers mobilehome parks;

Pen fed cattle operations, livestock saleyard, livestock auction yards, and dairy farms;

42.

Race tracks, including but not limited to contests between automobiles, horses, go-carts, and motorcycles, but not including contests between human beings only;

43.

Recreational vehicle parks;

Rifle, pistol, skeet, or trapshooting ranges;

Rodeo arenas;

Trail bike parks;

47.

Trailer and boat storage;

48.

Disposal service operations;

49.

Meat cutting and packaging plants, provided there is no slaughtering of animals or rendering of meat;

Outdoor film studios;

Water well drilling, operations and service;

52.

Mobilehome parks, developed pursuant to Chapter 17.264;

53.

Community auction and sales yards;

54.

Employee housing not meeting the requirements set forth in Health and Safety Code Section 17021.8, as may be amended, or consisting of more than thirty-six (36) beds in a group quarters or twelve (12) units or spaces designed for use by a single-family or household;

55.

Feed stores;

56.

Packaged dry fertilizer storage, not including processing;

57.

Oil production, not including refining or processing;

Mink farms;

59.

Both large and small animal hospitals;

60.

Commercial breeding operations.

E.

Any use that is not specifically listed in subsections B, C and D may be considered a permitted or conditionally permitted use; provided, that the planning director finds that the proposed use is substantially the same in character and intensity as those listed in the designated subsections. Such a use is subject to the permit process which governs the category in which it falls;

F.

Subject to the provisions of Chapter 17.206, the number of mature crowing fowl may be increased up to fifty (50) percent over each (male and female) of the permitted numbers.

G.

Industrial Hemp Activities are permitted or conditionally permitted in subsections A., C., or D. in section 17.16.010 pursuant to the provisions set forth in chapter 17.306 of this ordinance including, but not limited to, permit processing, location, standards and approval requirements.

(Ord. 348.4087 § 7, 2003; Ord. 348.3966 § 1 (part), 2000; Ord. 348.3954 §§ 1—4, 2000; Ord. 348.3857, 1999; Ord. 348.3828, 1998; Ord. 348.3217, 1990; Ord. 348.3043, 1989; Ord. 348.3023, 1989; Ord. 348.2856, 1988; Ord. 348.2669, 1987; Ord. 348.2338, 1984; Ord. 348.2140, 1982; Ord. 348.2104, 1982; Ord. 348 § 5.1)

(Ord. No. 348.4672, § 1, 12-1-2009; Ord. No. 348.4596, § 1, 2-10-2009; Ord. No. 348.4911, § 1, 9-10-2019; Ord. No. 348.4931, § 1, 11-10-2020; Ord. No. 348.4950, §§ 1, 2, 3-2-2021; Ord. No. 348.5028, §§ 2, 3, 3- 11-2025)

Where a structure is erected or a use is made in the R-R zone that is first specifically permitted in another zone classification, such structure or use shall meet the development standards and regulations of the zone in which such structure or use is first specifically permitted, unless such requirements are hereafter modified.

A.

One-family residences shall not exceed forty (40) feet in height. No other building or structure shall exceed fifty (50) feet in height, unless a greater height is approved pursuant to Section 17.172.230. In no event, however, shall a building exceed seventy-five (75) feet in height or any other structure exceed one hundred five (105) feet in height, unless a variance is approved pursuant to Chapter 17.196.

B.

Lot Area. One-half acre, with a minimum average width of eighty (80) feet, including the area to the center of adjacent streets, shall be the minimum size of any lot except as follows:

Public utilities, twenty thousand (20,000) square feet with a minimum average lot width and depth of one hundred (100) feet.

C.

Automobile storage space shall be provided as required by Chapter 17.188.

(Ord. 348.3990 §§ 1, 2, 2001; Ord. 348.3881, 1999; Ord. 348.3857, 1999; Ord. 348.3053, 1989; Ord. 348.2338, 1984; Ord. 348.2162, 1983; Ord. 348.2140, 1982; Ord. 348.2104, 1982; Ord. 348.1968, 1981; Ord. 348.1729, 1979; Ord. 348.1688, 1979; Ord. 348.1588, 1977; Ord. 348.1564, 1977; Ord. 348.1545, 1977; Ord. 348.1481, 1975; Ord. 348.1470, 1975; Ord, 348.1458, 1975; Ord. 348.1429, 1975; Ord. 348.1377, 1974; Ord. 348.1340, 1974; Ord. 348.1327, 1974; Ord. 348.1189, 1973; Ord. 348.1023, 1972; Ord. 348.905, 1971; Ord. 348.783, 1970; Ord. 348.777, 1970; Ord. 348.737, 1970; Ord. 348.638, 1969; Ord. 348.518, 1967; Ord. 348.506, 1967; Ord. 348.422, 1966; Ord. 348.391, 1965; Ord. 348.371, 1965; Ord. 348 § 5.2)

Chapter 17.20 - R-R-O RURAL RESIDENTIAL, OUTDOOR ADVERTISING ZONE

Sections:

17.20.010 - Uses permitted.

Any use permitted in the R-R zone, subject to all of the regulations and procedures of the R-R zone applicable to such use.

All areas designated as being in the R-R-O (rural residential, outdoor advertising) zone shall be designated as being in the R-R (rural residential) zone and the uses permitted in the R-R zone shall be the only uses permitted, and shall be subject to the same development standards.

(Ord. 348.2496, 1985; Ord. 348.1545, 1977; Ord. 348.1023, 1972; Ord. 348 § 5.25)

Chapter 17.24 - R-1 ONE-FAMILY DWELLING ZONE

Sections:

17.24.010 - Uses permitted.

A.

The following uses shall be permitted in the R-1 zone:

One-family dwellings;

2.

Field crops, flower and vegetable gardening, tree crops, and greenhouses used only for purposes of propagation and culture, including the sale thereof from the premises and one unlighted sign that does not exceed two square feet in size pertaining to the sale of products;

3.

The noncommercial keeping of horses on lots not less than twenty thousand (20,000) square feet in area and one hundred (100) feet in width, provided they are kept not less than one hundred (100) feet from any street and twenty (20) feet from any property line. A maximum of two horses per twenty thousand (20,000) square feet and, in any event, not more than four horses on a lot will be permitted. If a lot is one acre or more in area, poultry, crowing fowl (chickens only), rabbits, chinchillas, guinea pigs, parakeets and small fowl may be kept for the use of the occupants of the premises only. The poultry, crowing fowl, rabbits, chinchillas, guinea pigs, parakeets and small fowl shall be kept in an enclosed area located not less than twenty (20) feet from any property line and not less than fifty (50) feet from any residence and shall be maintained on the rear portion of the lot in conjunction with a residential use. If a lot is two acres or more in

area, two sheep or goats or combination thereof may be kept in addition thereto provided they are kept not less than one hundred (100) feet from any street, twenty (20) feet from any property line and fifty (50) feet from any residence;

4.

The keeping or raising of not more than four mature female crowing fowl (chickens only) on lots or parcels between seven thousand two hundred (7,200) square feet and thirty-nine thousand, nine hundred ninetynine (39,999) square feet or not more than twelve (12) mature female crowing fowl (chickens only) on lots of forty thousand (40,000) square feet or more for the use of the occupants of the premises. The crowing fowl shall be kept in an enclosed area located not less than twenty (20) feet from any property line and not less than fifty (50) feet from any residence and shall be maintained on the rear portion of the lot in conjunction with a residential use;

5.

Future Farmers of America (FFA) or 4-H projects conducted by the occupants of the premises. Provided, however, if the project involves crowing fowl, an unexpired crowing fowl affidavit form describing the project must be on file with the Planning Director. Affidavit forms are available at the planning department and may be filed free of charge;

6.

Home occupations;

7.

Planned residential developments, provided a land division is approved pursuant to the provisions of county Ordinance No. 460 and the development standards in section 17.180.010 or 17.180.020;

8.

The noncommercial raising of not more than one miniature pig on lots from seven thousand two hundred (7,200) to nineteen thousand nine hundred ninety-nine (19,999) square feet or not more than two miniature pigs on lots of not less than twenty thousand (20,000) square feet, subject to the following conditions:

a.

Any person owning or having custody or control of a miniature pig over the age of four months shall pay for and obtain a license from the animal control department.

b.

Any miniature pig kept or maintained on a lot with a use permitted under subsection (A)(1) of this section shall be spayed or neutered as a condition of being licensed. No license shall be issued unless the owner or custodian of the miniature pig presents a valid certificate from a veterinarian. All unaltered miniature pigs shall be subject to immediate impoundment.

c.

No miniature pig may weigh more than two hundred (200) pounds.

d.

Any person owning or having charge, care, custody or control of any miniature pig shall keep such pig exclusively upon his or her own premises; provided, however, such pig may be off such premises if under restraint of a competent person.

e.

The miniature pig must be kept in an enclosure that is no closer than thirty (30) feet from the front property line, fifteen (15) feet from any side or rear property line and no closer than thirty-five (35) feet of any dwelling unit other than the dwelling unit on the subject lot.

9.

The outside storage of materials on improved lots or parcels of one-half acre to one acre provided the amount is limited to one hundred (100) square feet with a maximum height of three feet and on improved lots or parcels of one acre or more provided the amount is limited to two hundred (200) square feet with a maximum height of three feet.

B.

The following uses are permitted provided a plot plan has been approved pursuant to the provisions of Chapter 17.216:

1.

Beauty shops operated from a home by its inhabitants where no assistants are employed and the on-site sign is unlighted and does not exceed two square feet in area;

2.

Temporary real estate tract offices located within a subdivision, to be used only for and during the original sale of the subdivision, but not to exceed a period of two years in any event;

3.

Nurseries, horticultural;

4.

Public parks and playgrounds, golf courses with standard length fairways, and country clubs;

5.

Reserved;

6.

Child day care center.

C.

The following uses are permitted provided a conditional use permit has been granted pursuant to Chapter 17.200:

1.

Mobilehome parks, developed pursuant to Chapter 17.264.

D.

Kennels and catteries are permitted provided they are approved pursuant to the provisions of Chapter 17.236.

E.

The following uses are permitted, provided a public use permit has been granted pursuant to the provisions of Chapter 17.208:

1.

Churches, temples and other places of religious worship.

F.

Any use that is not specifically listed in subsections B., C. and E. may be considered a permitted or conditionally permitted use provided that the planning director finds that the proposed use is substantially the same in character and intensity as those listed in the designated subsections. Such a use is subject to the permit process which governs the category in which it falls.

(Ord. 348.4087 § 9, 2003; Ord. 348.3966 § 1 (part), 2000; Ord. 348.3954 §§ 5—7, 2000; Ord. 348.3928 § 4, 2000; Ord. 348.3888 § 1, 1999; Ord. 348.3881, 1999; Ord. 348.3857, 1999; Ord. 348.2669, 1987; Ord. 348.2341, 1984; Ord. 348.2140, 1982; Ord. 348 § 6.1)

(Ord. No. 348.4596, § 2, 2-10-2009; Ord. 348.4713, § 1, 11-9-2010; Ord. No. 348.4911, § 2, 9-10-2019)

The following standards of development shall apply in the R-1 zone, except that planned residential developments shall comply with the development standards contained in section 17.180.010.

A.

Building height shall not exceed three stories, with a maximum height of forty (40) feet.

B.

Lot area shall be not less than seven thousand two hundred (7,200) square feet. The minimum lot area shall be determined by excluding that portion of a lot that is used solely for access to the portion of a lot used as a building site.

C.

The minimum average width of that portion of a lot to be used as a building site shall be sixty (60) feet with a minimum average depth of one hundred (100) feet. That portion of a lot used for access on flag lots shall have a minimum width of twenty (20) feet.

D.

The minimum frontage of a lot shall be sixty (60) feet, except that lots fronting on knuckles or cul-de-sac may have a minimum frontage of thirty-five (35) feet. Lot frontage along curvilinear streets may be measured at the building setback in accordance with zone development standards.

E.

Minimum yard requirements are as follows:

1.

The front yard shall be not less than twenty (20) feet, measured from the existing street line or from any future street line as shown on any specific plan of highways, whichever is nearer the proposed structure.

2.

Side yards on interior and through lots shall be not less than ten (10) percent of the width of the lot, but not less than three feet in width in any event, and need not exceed a width of five feet. Side yards on corner and reversed corner lots shall be not less than ten (10) feet from the existing street line or from any future street line as shown on any specific plan of highways, whichever is nearer the proposed structure, upon which the main building sides, except that where the lot is less than fifty (50) feet wide the yard need not exceed twenty (20) percent of the width of the lot.

3.

The rear yard shall not be less than ten (10) feet.

4.

No structural encroachments shall be permitted in the front, side or rear yard except as provided for in section 17.172.140.

F.

Automobile storage space shall be provided as required by Chapter 17.188.

G.

Lot Coverage. In no case shall more than fifty (50) percent of any lot be covered by dwelling.

(Ord. 348.3881, 1999; Ord. 348.3857, 1999; Ord. 348.3828, 1998; Ord. 348.3032, 1989; Ord. 348.2510, 1985; Ord. 348.2162, 1983; Ord. 348.2140, 1982; Ord. 348.2074, 1982; Ord. 348.1965, 1981; Ord. 348.1688, 1979; Ord. 348.1443, 1975; Ord. 348.1327, 1974; Ord. 348.1201, 1973; Ord. 348.1091, 1974; Ord. 348.1023, 1972; Ord. 348.777, 1970; Ord. 348.700, 1970; Ord. 348.556, 1968; Ord. 348.275, 1964; Ord. 348.251, 1964; Ord. 348 § 6.2)

Chapter 17.28 - R-1A ONE-FAMILY DWELLINGS, MOUNTAIN RESORT ZONE

Sections:

17.28.010 - Uses permitted.

A.

The following uses are permitted:

1.

One-family dwellings;

2.

Field crops, flower and vegetables gardening, tree crops, and greenhouses used only for purposes of propagation and culture, including the sale thereof from the premises and one unlighted sign that does not exceed two square feet in size pertaining to the sale of products;

3.

The noncommercial keeping of horses on lots not less than twenty thousand (20,000) square feet in area and one hundred (100) feet in width, provided they are kept not less than one hundred (100) feet from any street and twenty (20) feet from any property line. A maximum of two horses per twenty thousand (20,000) square feet and, in any event, not more than four horses on a lot will be permitted. If a lot is one acre or more in area, poultry, crowing fowl (chickens only), rabbits, chinchillas, guinea pigs, parakeets and other

small fowl may be kept for the use of the occupants of the premises only. The poultry, crowing fowl, rabbits, chinchillas, guinea pigs, parakeets and small fowl shall be kept in an enclosed area located not less than twenty (20) feet from any property line and not less than fifty (50) feet from any residence and shall be maintained on the rear portion of the lot in conjunction with a residential use. If a lot is two acres or more in area, two sheep or goats or combination thereof may be kept in addition thereto provided they are kept not less than one hundred (100) feet from any street, twenty (20) feet from any property line and fifty (50) feet from any residence;

4.

The keeping or raising of not more than four mature female crowing fowl (chickens only) on lots or parcels between seven thousand two hundred (7,200) square feet and thirty-nine thousand, nine hundred ninetynine (39,999) square feet or not more than twelve (12) mature female crowing fowl (chickens only) on lots of forty thousand (40,000) square feet or more for the use of the occupants of the premises. The crowing fowl shall be kept in an enclosed area located not less than twenty (20) feet from any property line and not less than fifty (50) feet from any residence and shall be maintained on the rear portion of the lot in conjunction with a residential use;

5.

Home occupations;

6.

Planned residential developments, provided a land division is approved pursuant to the provisions of county Ordinance No. 460 and the development standards in section 17.180.010 or 17.180.020;

7.

Real estate offices and insurance offices conducted as home occupations;

8.

Kennels and catteries are permitted provided they are approved pursuant to the provisions of Chapter 17.236;

9.

The noncommercial raising of not more than one miniature pig on lots from seven thousand two hundred (7,200) to nineteen thousand nine hundred ninety-nine (19,999) square feet or not more than two miniature pigs on lots of not less than twenty thousand (20,000) square feet, subject to the following conditions:

a.

Any person owning or having custody or control of a miniature pig over the age of four months shall pay for and obtain a license from the animal control department.

b.

Any miniature pig kept or maintained on a lot with a use permitted under subsection (A)(1) of this section shall be spayed or neutered as a condition of being licensed. No licensed shall be issued unless the owner or custodian of the miniature pig presents a valid certificate from a veterinarian. All unaltered miniature pigs shall be subject to immediate impoundment.

c.

No miniature pig may weigh more than two hundred (200) pounds.

d.

Any person owning or having charge, care, custody or control of any miniature pig shall keep such pig exclusively upon his or her own premises; provided, however, such pig may be off such premises if under restraint of a competent person.

e.

The miniature pig must be kept in an enclosure that is no closer than thirty (30) feet from the front property line, fifteen (15) feet from any side or rear property line and no closer than thirty-five (35) feet of any dwelling unit other than the dwelling unit on the subject lot;

10.

Future Farmers of America (FFA) or 4-H projects conducted by the occupants of the premises. Provided, however, if the project involves crowing fowl, an unexpired crowing fowl affidavit form describing the project must be on file with the planning director. Affidavit forms are available at the planning department and may be filed free of charge.

11.

The outside storage of materials on improved lots or parcels of one-half acre to one acre provided the amount is limited to one hundred (100) square feet with a maximum height of three feet and on improved lots or parcels of one acre or more provided the amount is limited to two hundred (200) square feet with a maximum height of three feet.

B.

The following uses are permitted provided a plot plan has been approved pursuant to the provisions of Chapter 17.216:

1.

Beauty shops operated from a home by its inhabitants where no assistants are employed and the on-site sign is unlighted and does not exceed two square feet in area;

2.

Temporary real estate tract offices located within a subdivision, to be used only for and during the original sale of the subdivision, but not to exceed a period of two years in any event;

Nurseries, horticultural;

4.

Public parks and public playgrounds, golf courses with standard length fairways, and country clubs.

5.

Reserved.

6.

Child day care center.

C.

The following uses are permitted provided a conditional use permit has been granted pursuant to Chapter 17.200:

1.

Mobilehome parks, developed pursuant to Chapter 17.264.

D.

The following uses are permitted provided a public use permit has been granted pursuant to the provisions of Chapter 17.208:

1.

Churches, temples and other places of religious worship.

E.

Any use that is not specifically listed in subsections B., C. and D. may be considered a permitted or conditionally permitted use provided that the planning director finds that the proposed use is substantially the same in character and intensity as those listed in the designated subsections. Such a use is subject to the permit process which governs the category in which it falls.

(Ord. 348.4087 § 11, 2003; Ord. 348.3966 § 1 (part), 2000; Ord. 348.3954 §§ 8—10, 2000; Ord. 348.3888 § 2, 1999; Ord. 348.3881, 1999; Ord. 348.3857, 1999; Ord. 348.3828, 1998; Ord. 348 § 6.25)

(Ord. No. 348.4596, § 3, 2-10-2009; Ord. 348.4713, § 2, 11-9-2010; Ord. No. 348.4911, § 3, 9-10-2019)

17.28.020 - Other regulations.

A.

Building height shall not exceed three stories, with a maximum height of forty (40) feet.

B.

Required lot area shall not be less than seven thousand two hundred (7,200) square feet. The minimum lot area shall be determined by excluding that portion of a lot that is used solely for access to the portion of a lot used as a building site.

C.

In no case shall more than fifty (50) percent of any lot be covered by buildings.

D.

Minimum yard requirements are as follows:

1.

The front yard shall not be less than twenty (20) feet, measured from the existing street line or from any future street line as shown on any specific plan of highways, whichever is nearer the proposed structure.

2.

Side yards on interior and through lots shall not be less than ten (10) percent of the width of the lot, but not less than three feet in width in any event, and need not exceed a width of five feet. Side yards on corner and reversed corner lots shall be not less than ten (10) feet from the existing street line or from any future street line as shown on any specific plan of highways, whichever is nearer the proposed structure, upon which the main building sides, except that where the lot is less than fifty (50) feet wide the yard need not exceed twenty (20) percent of the width of the lot.

3.

The rear yard shall not be less than ten (10) feet.

4.

No structural encroachments shall be permitted in the front, side or rear yard except as provided for in section 17.172.140.

E.

Automobile storage space shall be provided as required by Chapter 17.188.

(Ord. 348.3881, 1999; Ord. 348.3828, 1998; Ord. 348.3447, 1992; Ord. 348.3010, 1989; Ord. 348.2669, 1987; Ord. 348.2140, 1983; Ord. 348.1327, 1974; Ord. 348.459, 1966; Ord. 348 §§ 6.25, 6.26)

Chapter 17.32 - R-A RESIDENTIAL AGRICULTURAL ZONE

Sections:

A.

The following uses are permitted:

1.

One-family dwellings;

2.

Field crops, and vegetables gardening, tree crops, and greenhouses used only for purposes of propagation and culture, including the sale thereof from the premises and one unlighted sign that does not exceed two square feet in size pertaining to the sale of products;

3.

Repealed;

4.

Repealed;

5.

Home occupations;

6.

Planned residential developments, provided a land division is approved pursuant to the provisions of County Ordinance No. 460 and the development standards in section 17.180.010 or 17.180.020;

7.

The noncommercial keeping of horses, cattle, sheep and goats on lots or parcels over twenty thousand (20,000) square feet in area and one hundred (100) feet in width, provided they are kept, fed and maintained not less than fifty (50) feet from any residence existing at the time such use is established. Two such animals may be kept on each twenty thousand (20,000) square feet up to one acre and two such animals for each additional acre;

8.

Poultry, crowing fowl and rabbits for the use of the occupants of the premises only. All poultry, crowing fowl and rabbits shall be kept in an enclosed area, located not less than twenty (20) feet from any property line and not less than fifty (50) feet from any residence existing at the time such use is established;

9.

Wholesale nurseries, greenhouses, orchard, aviaries, apiaries (subject to County Ordinance No. 551), the raising of field crops and tree crops, berry and bush crops, and vegetable, flower and herb gardening on a commercial scale; the drying, packing and processing of fruits (other than canning), nuts, vegetables and other horticultural products where such drying, packing or processing is primarily in conjunction with a

farming operation and provided the permanent buildings and structures used in conjunction with such drying, packing and processing operations are not nearer than twenty (20) feet from the boundaries of the premises;

10.

Future Farmers of America (FFA) or 4-H projects conducted by the occupants of the premises. Provided, however, if the project involves crowing fowl, an unexpired crowing fowl affidavit form describing the project must be on file with the planning director. Affidavit forms are available at the planning department and may be filed free of charge;

11.

The raising or breeding of guinea pigs, parakeets, chinchillas, or other similar small fowl or animals (excluding crowing fowl), provided that all such uses are kept and maintained in an enclosed area, located not less than twenty (20) feet from any property line and at least fifty (50) feet from any residence existing at the time such use is established;

12.

A temporary stand, not exceeding two hundred (200) square feet in area, used exclusively for the sale of products grown on the premises, and a sign, not to exceed six square feet, advertising the sale of the product. Off-street parking shall be as required in Chapter 17.188, except than no paving shall be required;

13.

Farms or establishments for the selective or experimental breeding and raising of cattle, sheep, goats, and other farm stock or animals subject to the permissible number, conditions, and provisions set forth in subsection (A)(5) of this section;

14.

One mobile home, as a principal residence only; provided:

a.

The minimum lot size shall be two and one-half acres,

b.

The mobile home shall have a floor area of not less than seven hundred fifty (750) square feet,

c.

The area between the ground level and the floor of the mobile home shall be screened from view by an opaque skirt which shall be securely fastened to the mobile home in a manner which insures that the skirting is rigid and not movable. The skirting shall be the same material and color as the siding on the mobile home although other materials may be used if they are weather-resistant,

d.

The location of the mobile home, sanitary facilities and utilities shall conform with all of the requirements of the county health department, county building and safety department and state law;

15.

The grazing of sheep where such grazing operation is conducted on fields for the purpose of clearing stubble or unharvested crops, without limit as to the number of animals per acre, for a period of not more than thirty (30) days in any six-month period for each parcel;

16.

Reserved;

17.

An additional one-family mobile home, excluding the principal dwelling, shall be allowed for each ten (10) acres being farmed. The additional mobile homes shall be located on a parcel being farmed and occupied by the owner, operator or employee of the farming operation as a one-family residence; provided:

a.

The mobile home shall have a floor area of not less than seven hundred fifty (750) square feet,

b.

The mobile home is not rented or held out for lease,

c.

The mobile home is located not less than fifty (50) feet from any property line,

d.

The mobile home is screened from view from the front property line by shrubs or trees and has a sprinkler system installed to insure the proper maintenance of plant materials,

e.

The number of dwellings for employees shall not exceed two per established farming operation,

f.

The arrangement of the mobile homes, sanitary facilities and utilities conforms with all of the requirements of the county health department, county building and safety department and state law;

18.

The noncommercial raising of not more than one miniature pig on lots from seven thousand two hundred (7,200) to nineteen thousand nine hundred ninety-nine (19,999) square feet or not more than two miniature pigs on lots of not less than twenty thousand (20,000) square feet, subject to the following conditions:

a.

Any person owning or having custody or control of a miniature pig over the age of four months shall pay for and obtain a license from the animal control department.

b.

Any miniature pig kept or maintained on a lot with a use permitted under subsection A.1. shall be spayed or neutered as a condition of being licensed. No license shall be issued unless the owner or custodian of the miniature pig presents a valid certificate from a veterinarian. All unaltered miniature pigs shall be subject to immediate impoundment.

c.

No miniature pig may eight more than two hundred (200) pounds.

d.

Any person owning or having charge, care, custody or control of any miniature pig shall keep such pig exclusively upon his or her own premises, provided, however, such pig may be off such premises if under restraint of a competent person.

e.

The miniature pig must be kept in an enclosure that is no closer than thirty (30) feet from the front property line, fifteen (15) feet from any side or rear property line and no closer than thirty-five (35) feet of any dwelling unit other than the dwelling unit on the subject lot.

19.

The keeping or raising of not more than twelve (12) mature female crowing fowl on lots or parcels between twenty thousand (20,000) square feet and thirty-nine thousand, nine hundred ninety-nine (39,999) square feet or not more than fifty (50) mature female crowing fowl, and ten (10) mature male crowing fowl on lots of forty thousand (40,000) square feet or more for the use of the occupants of the premises. The crowing fowl shall be kept in an enclosed area located not less than twenty (20) feet from any property line and not less than fifty (50) feet from any residence and shall be maintained on the rear portion of the lot in conjunction with a residential use.

20.

The outside storage of materials on improved lots or parcels of one-half acre to one acre provided the amount is limited to one hundred (100) square feet with a maximum height of three feet and on improved lots or parcels of one acre or more provided the amount is limited to two hundred (200) square feet with a maximum height of three feet.

21.

Employee housing meeting the requirements, as determined by the planning director, set forth in Health and Safety Code Section 17021.8, as may be amended, or consisting of no more than thirty-six (36) beds in

a group quarters or twelve (12) units or spaces designed for use by a single-family or household. Review of determinations that employee housing meets the requirements set forth in Health and Safety Code Section 17021.8 shall be processed and considered by the planning commission in accordance with Health and Safety Code Section 17021.8.(c).

B.

The following uses are permitted provided a plot plan has been approved pursuant to the provisions of Chapter 17.216:

1.

Beauty shops operated from a home by its inhabitants where no assistants are employed and the on-site sign is unlighted and does not exceed two square feet in area;

2.

Temporary real estate tract offices located within a subdivision, to be used only for and during the original sale of the subdivision, but not to exceed a period of two years in any event;

3.

Public parks and public playgrounds, golf courses with standard length fairways, and country clubs.

4.

Child day care center.

C.

The following uses are permitted provided a conditional use permit has been granted pursuant to Chapter 17.200:

1.

Mobilehome parks, developed pursuant to Chapter 17.264.

2.

Employee housing not meeting the requirements set forth in Health and Safety Code Section 17021.8, as may be amended, or consisting of more than thirty-six (36) beds in a group quarters or twelve (12) units or spaces designed for use by a single-family or household.

D.

The following uses are permitted provided a public use permit has been granted pursuant to the provisions of chapter 17.208:

1.

Churches, temples and other places of religious worship.

E.

Subject to the provisions of Chapter 17.206, the number of mature crowing fowl may be increased up to fifty (50) percent over each (male and female) of the permitted numbers.

F.

Industrial hemp activities are permitted or conditionally permitted in subsection A., B., or C. in section 17.32.010 pursuant to the provisions set forth in chapter 17.306 of this ordinance including, but not limited to, permit processing, location, standards and approval requirements.

G.

Any use that is not specifically listed in subsections B., C. and D. may be considered a permitted or conditionally permitted use provided that the planning director finds that the proposed use is substantially the same in character and intensity as those listed in the designated subsections. Such a use is subject to the permit process which governs the category in which it falls.

(Ord. 348.4087 § 13, 2003; Ord. 348.3966 § 1 (part), 2000; Ord. 348.3954 §§ 11—15, 2000; Ord. 348.3888 § 3, 1999; Ord. 348.3881, 1999; Ord. 348.3857, 1999; Ord. 348, 3828, 1998; Ord. 348.2669, 1987; Ord. 348.2414, 1984; Ord. 348.2140, 1982; Ord. 348 § 6.50)

(Ord. No. 348.4596, § 4, 2-10-2009; Ord. 348.4713, § 3, 11-9-2010; Ord. No. 348.4911, § 4, 9-10-2019; Ord. No. 348.4931, § 2, 11-10-2020; Ord. No. 348.4950, §§ 3, 4, 3-2-2021)

17.32.020 - Building height limit.

One-family residences shall not exceed forty (40) feet in height. No other building or structure shall exceed fifty (50) feet in height, unless a greater height is approved pursuant to section 17.172.230. In no event, however, shall a building exceed seventy-five (75) feet in height or any other structure exceed one hundred five (105) feet in height, unless a variance is approved pursuant to Chapter 17.196.

(Ord. 348.3990 §§ 3,4, 2001: Ord. 348.3828, 1998; Ord. 348 § 6.51)

17.32.030 - Required lot area and dimensions.

Minimum lot size of twenty thousand (20,000) square feet, with minimum width of one hundred (100) feet and a minimum depth of one hundred fifty (150) feet. No animals or fowl, other than domestic pets and poultry and rabbits, for the exclusive use of the occupant, shall be permitted on lots of less than twenty thousand (20,000) square feet.

(Ord. 348.3828, 1998; Ord. 348 § 6.52)

17.32.040 - Front yard required.

The front yard shall not be less than twenty (20) feet, measured from the existing street line or from any future street line as shown on any specific plan of highways, whichever is nearer the proposed structure.

(Ord. 348.3828, 1998; Ord. 348 § 6.53)

Automobile storage space shall be provided as required by Chapter 17.188.

(Ord. 348.3857, 1999; Ord. 348.3828, 1998; Ord. 348.2140, 1982; Ord. 348.1729, 1979; Ord. 348.1396, 1974; Ord. 348.1327, 1974; Ord. 348.753, 1970; Ord. 348.737, 1970; Ord. 348.422, 1966; Ord. 348.251, 1964; Ord. 348 § 6.54)

Chapter 17.36 - R-2 MULTIPLE-FAMILY DWELLING ZONE

Sections:

17.36.010 - Uses permitted.

A.

The following uses are permitted:

1.

One-family dwellings;

2.

Field crops, flower and vegetable gardening, tree crops, and greenhouses used only for purposes of propagation and culture, including the sale thereof from the premises and one unlighted sign that does not exceed two square feet in size pertaining to the sale of products;

3.

The noncommercial keeping of horses on lots not less than twenty thousand (20,000) square feet in area and one hundred (100) feet in width, provided they are kept not less than one hundred (100) feet from any street and twenty (20) feet from any property line. A maximum of two horses per twenty thousand (20,000) square feet and, in any event, not more than four horses on a lot will be permitted. If a lot is one acre or more in area, poultry, crowing fowl (chickens only), rabbits, chinchillas, guinea pigs, parakeets and small fowl may be kept for the use of the occupants of the premises only. The poultry, crowing fowl, rabbits, chinchillas, guinea pigs, parakeets and small fowl shall be kept in an enclosed area located not less than twenty (20) feet from any property line and not less than fifty (50) feet from any residence and shall be maintained on the rear portion of the lot in conjunction with a residential use. If a lot is two acres or more in area, two sheep or goats or combination thereof may be kept in addition thereto provided they are kept not less than one hundred (100) feet from any street, twenty (20) feet from any property line and fifty (50) feet from any residence;

4.

The keeping or raising of not more than four mature female crowing fowl (chickens only) on single-family residential lots or parcels between seven thousand two hundred (7,200) square feet and thirty-nine thousand, three hundred ninety-nine (39,999) square feet or not more than twelve (12) mature female

crowing fowl (chickens only) on single-family residential lots of forty thousand (40,000) square feet or more for the use of the occupants of the premises. The crowing fowl shall be kept in an enclosed area located not less than twenty (20) feet from any property line and not less than fifty (50) feet from any residence and shall be maintained on the rear portion of the lot in conjunction with a residential use;

5.

Home occupations;

6.

Planned residential developments, provided a land division is approved pursuant to the provisions of county Ordinance No. 460 and the development standards in section 17.180.010 or 17.180.020;

7.

Kennels and catteries are permitted provided they are approved pursuant to the provisions of Chapter 17.236;

8.

On-site signs, affixed to building walls, stating the name of the structure, use, or institution, not to exceed five percent of the surface area of the exterior face of the wall upon which the sign is located;

9.

One-family dwellings developed as restricted single-family residential subdivisions, subject to the development standards of section 17.36.110. The provisions of Sections 17.36.020 through 17.36.100 shall not be applicable to developments under this permitted use;

10.

The noncommercial raising of not more than one miniature pig on lots from seven thousand two hundred (7,200) to nineteen thousand nine hundred ninety-nine (19,999) square feet or not more than two miniature pigs on lots of not less than twenty thousand (20,000) square feet, subject to the following conditions:

a.

Any person owning or having custody or control of a miniature pig over the age of four months shall pay for and obtain a license from the animal control department.

b.

Any miniature pig kept or maintained on a lot with a use permitted under subsection (A)(1) of this section shall be spayed or neutered as a condition of being licensed. No license shall be issued unless the owner or custodian of the miniature pig presents a valid certificate from a veterinarian. All unaltered miniature pigs shall be subject to immediate impoundment.

c.

No miniature pig may weigh more than two hundred (200) pounds.

d.

Any person owning or having charge, care, custody or control of any miniature pig shall keep such pig exclusively upon his or her own premises; provided, however, such pig may be off such premises if under restraint of a competent person.

e.

The miniature pig must be kept in an enclosure that is no closer than thirty (30) feet from the front property line, fifteen (15) feet from any side or rear property line and no closer than thirty-five (35) feet of any dwelling unit other than the dwelling unit on the subject lot;

11.

Future Farmers of America (FFA) or 4-H projects conducted by the occupants of the premises. Provided, however, if the project involves crowing fowl, an unexpired crowing fowl affidavit form describing the project must be on file with the planning director. Affidavit forms are available at the planning department and may be filed free of charge.

12.

The outside storage of materials on improved lots or parcels of one-half acre to one acre provided the amount is limited to one hundred (100) square feet with a maximum height of three feet and on improved lots or parcels of one acre or more provided the amount is limited to two hundred (200) square feet with a maximum height of three feet.

B.

The following uses shall be permitted provided a plot plan has first been approved pursuant to the provisions of Chapter 17.216:

1.

Two-family dwellings, multiple-family dwellings, bungalow courts and apartment houses;

2.

Boarding, rooming and lodging houses;

3.

Churches, educational institutions, public libraries, museums and art galleries not operated for compensation or profit;

4.

Temporary real estate tract offices located within a subdivision, to be used only for and during the original sale of the subdivision, but not to exceed a period of two years in any event;

Congregate care residential facilities;

6.

Beauty shops operated from a home by its inhabitants where no assistants are employed and the on-site sign is unlighted and does not exceed two square feet in area;

7.

Nurseries, horticultural;

8.

Public parks and public playgrounds, golf courses with standard length fairways, and country clubs.

9.

Reserved.

Child day care center.

C.

The following uses are permitted provided a conditional use permit is granted pursuant to Chapter 17.200:

1.

Mobilehome parks, developed pursuant to Chapter 17.264;

2.

Congregate care residential facilities, developed pursuant to section 17.272.030.

D.

Any use that is not specifically listed in Subsections B. and C. may be considered a permitted or conditionally permitted use provided that the planning director finds that the proposed use is substantially the same in character and intensity as those listed in the designated subsections. Such a use is subject to the permit process which governs the category in which it falls.

(Ord. 348.4087 § 15, 2003; Ord. 348.3966 § 1 (part), 2000; Ord. 348.3954 §§ 16—18, 2000; Ord. 348.3881, 1999; Ord. 348.3857, 1999; Ord. 348.3828, 1998; Ord. 348.2669, 1987; Ord. 348.2643, 1987; Ord. 348.2540, 1986; Ord. 348.2414, 1984; Ord. 348.2342, 1984; Ord. 348.2140, 1982; Ord. 348 § 7.1)

(Ord. 348.4596, § 5, 2-10-2009; Ord. 348.4713, § 4, 11-9-2010; Ord. No. 348.4911, § 5, 9-10-2019)

17.36.020 - Building height limit.

Building height shall not exceed three stories, with a maximum height of forty (40) feet.

(Ord. 348.3828, 1998; Ord. 348 § 7.2)

Lot area shall be not less than seven thousand two hundred (7,200) square feet. The minimum lot area shall be determined by excluding that portion of a lot that is used solely for access to the portion of a lot used as a building site.

(Ord. 348.3828, 1998; Ord. 348 § 7.3)

The front yard shall be not less than twenty (20) feet, measured from the existing street line or from any future street line as shown on any specific plan of highways, whichever is nearer the proposed structure.

(Ord. 348.3828, 1998; Ord. 348 § 7.4)

Side yards on interior and through lots shall be not less than ten (10) percent of the width of the lot, but not less than three feet in width in any event, and need not exceed a width of five feet. Side yards on corner and reversed corner lots shall be not less than ten (10) feet from the existing street line or from any future street line as shown on any specific plan of highways, whichever is nearer the proposed structure, upon which the main building sides, except that where the lot is less than fifty (50) feet wide the yard need not exceed twenty (20) percent of the width of the lot.

(Ord. 348.3828, 1998; Ord. 348 § 7.5)

The rear yard shall not be less than ten (10) feet.

(Ord. 348.3828, 1998; Ord. 348 § 7.6)

In no case shall more than sixty (60) percent of any lot be covered by buildings.

(Ord. 348, § 7.7)

Automobile storage space shall be provided as required by Chapter 17.188.

(Ord. 348, § 7.8)

No two-story main building shall be closer than fifteen (15) feet to any other main building on the same lot and no one-story building shall be closer than ten (10) feet to any other one-story main building on the same lot.

(Ord. 348, § 7.9)

Every main building hereafter erected or structurally altered shall have a lot or building site area of not less than two thousand five hundred (2,500) square feet for each dwelling unit in such main building.

(Ord. 348, § 7.10)

17.36.110 - Restricted single-family residential subdivisions.

A.

Development Objective. The development objective of this section is to facilitate single-family residential subdivision projects which exhibit excellence in design and in the provision of housing opportunities through an integration of site planning, subdivision design, and housing development. It is envisioned that the site plans for these developments will be determined through a thorough analysis of a project site in terms of its constraints, opportunities, grading requirements, area characteristics, the requirements of the county general plan, and other county ordinances governing the development of land.

Projects developed pursuant to this section are expected to:

1.

Provide for the placement of dwellings on individual lots so as to create variety in the street scene and to balance the distribution of height and bulk of individual dwellings relative to other dwellings and their location in the subdivision, and to provide for superior subdivision design and livability through the location and arrangement of lots, and in the design of streets through the use of short cul-de-sac and/or curvilinear streets in preference to straight or rectangular grid interior street patterns;

2.

Provide for a basic level of usable and total open space, both on individual lots and throughout a subdivision, so as to meet the needs of project residents;

3.

Result in residential communities which offer a variety of housing opportunities and provide for diversity in design through careful attention to house designs, floor plans, street scenes, architecture, including the visual impact of garages and placement of mechanical equipment, fencing and landscaping.

B.

Allowable Density. The allowable density of a project will be determined by the physical and service constraints of the property and the area in which the property is located; the planning goals, objectives,

policies and standards of the county general plan; and, the development standards of this section and other county ordinances.

C.

Design Guidelines.

1.

Wherever development objectives are identified in this section, or wherever design-oriented objectives are specified under minimum development standards, those objectives shall be implemented in conjunction with design guidelines adopted by the board of supervisors.

2.

The planning director shall develop, prepare and keep current a design guidelines manual for adoption by resolution of the board of supervisors and shall, when appropriate, recommend amendments to the manual for adoption by the board.

D.

Filing Requirements.

1.

The following information shall be filed in conjunction with a restricted single-family development filed pursuant to this section:

a.

An application for a land division pursuant to county Ordinance No. 460;

b.

If the application is intended to implement an adopted specific plan of land use, a statement shall be filed specifying how the specific plan is being implemented through the project;

c.

A comprehensive site plan, conceptual grading plan and tentative subdivision map, based upon a contour interval no greater than four feet, showing the following in addition to the requirements of county Ordinance No. 460:

i.

Proposed lots including lot lines and proposed easement lines, if any,

ii.

Building footprints,

iii.

Floor plan assignments,

iv.

Proposed setbacks,

v.

Pad elevations, street grades and all cut and fill slopes in excess of one foot in vertical height;

d.

The following separate tabulations shall be provided:

i.

The mix of floor plans,

ii.

The lot/building calculations for each lot in the project as follows:

(A)

Lot area,

(B)

Lot pad area,

(C)

Building footprint area,

(D)

Percentage lot coverage,

(E)

Lot width,

(F)

Front setback,

(G)

Area defined by subsection (F)(2)(f) of this section,

(H)

Usable rear yard depth,

(I)

Usable rear yard area,

(J)

Usable rear-oriented side yards are no less than ten (10) usable feet in width,

(K)

Total rear yard area,

(L)

Total rear-oriented side yard areas where the side yards are no less than ten (10) feet in width,

iii.

The total gross project area, total net project area, net area devoted to streets and net area devoted to lot purposes;

e.

A fencing plan including details of proposed materials to be used;

f.

Dimensioned conceptual floor plans and elevations, including details of proposed materials for elevations, and square-footage and heights of individual units;

g.

Proposed phasing plan showing the planned sequence of subdivision map recordation and development.

2.

The following additional requirements shall apply to applications filed pursuant to this section:

a.

All necessary information shall be filed in order for the project to be environmentally evaluated in accordance with the Riverside County general plan, the California Environment Quality Act (CEQA), and the Riverside County Rules to Implement CEQA.

b.

Eight and one-half inches by eleven (11) inches reduction transparencies of all exhibits and maps shall be provided.

c.

The scale of the site plan and all the same with a minimum scale of one inch equals forty (40) feet. In situations where the required forty (40) foot scale maps would involve preparation of multiple sheets to accommodate an entire project, composite reductions on a single sheet may be submitted in order to facilitate distribution to affected agencies.

d.

A pre-application conference with the planning department shall be encouraged to be held to review a proposed application prior to actual filing.

E.

Complete Application.

1.

An application shall not be deemed complete until a determination is made by the planning director that all necessary information has been submitted.

2.

The planning director may waive the filing of any information determined to be unnecessary or not applicable with the exception of the required land division application.

F.

Minimum Development Standards. One-family dwellings developed as restricted single-family residential subdivisions shall comply with the following minimum development standards:

1.

Site Development Standards.

a.

Lots shall have a minimum width of forty (40) feet measured along the twenty-two (22) foot average building setback line; provided, however, that lots situated along street knuckles and cul-de-sac bulbs shall have not less than twenty (20) feet of frontage measured along the face of curb.

b.

Lots situated along collector roadways shall have a minimum width of fifty (50) feet measured along the twenty-two (22) foot average building setback line.

c.

New property lines shall be located at the tops of slopes except along street rights-of-way where the standards of county Ordinance No. 461 shall apply and in zero lot line situations.

d.

Side yard manufactured slopes shall not exceed a maximum of ten (10) feet in vertical height in side yard areas between dwelling units; provided, however, dwellings may be set back from the toes of slopes which exceed ten (10) feet in vertical height by one foot for each foot of vertical slope height, and from the tops of such slopes by one-half foot for each foot of vertical slope height. In no case shall the setbacks from a toes and tops of slopes be less than that required by county Ordinance No. 457.

e.

Front yards shall have a minimum average depth of twenty-two (22) feet throughout the project. Dwellings may be located no closer than eighteen (18) feet to the front property line in order to achieve variety in front yard setbacks, provided the minimum average setback is maintained, and further provided that no garages are situated closer than thirty (30) feet to the face of curb.

f.

Side yards shall not be less than five feet except that street side yards of corner lots shall be a minimum of ten (10) feet for single-story dwellings and fifteen (15) feet for multistory dwellings.

g.

Building separation between dwelling units shall not be less than ten (10) feet for dwellings up to twentyeight (28) feet in overall height. Building separation shall be increased by one foot for each foot by which any adjoining building exceeds twenty-eight (28) feet in overall height. Attached garages may encroach a maximum of five feet into the required building separation, provided no living portions of adjoining dwellings encroach into the required building separation and provided building separation, between structures is not reduced below ten (10) feet. "Building separation" means the distance between the structural portions of adjoining dwellings as measured from that point where the dwellings are nearest; provided, however, that a yard encroachment permitted under section 17.172.140 shall not be considered a structural portion for the determination of building separation.

h.

Side yards shall be a minimum of twenty-five (25) feet for lots which have side yards adjacent to streets with a planned width of one hundred ten (110) feet or greater, state highways, or freeways.

i.

Rear yards shall be a minimum of forty (40) feet for lots which have rear yards adjacent to streets with a planned width of one hundred ten (110) feet or greater, state highways, or freeways.

j.

Interior side yards may be reduced to accommodate zero lot line or common wall situations, except that, in no case shall the reduction in side yard areas reduce the required separation between detached structures.

2.

Open Space Development Standards.

a.

Lot coverage by all main buildings and necessary structures shall not exceed forty (40) percent of the net area of a lot.

b.

Rear yards throughout the project shall have a minimum average depth of twenty-five (25) feet to the rear property line or toe or top of any manufactured slope, whichever is nearer to the rear of the dwelling, but not less than twenty (20) feet in any case.

c.

Each rear yard shall contain a minimum of one thousand (1,000) square feet of usable area where usable area is defined as lot pad area exclusive of any manufactured slopes.

d.

Total usable project open space contained within rear yards and rear-oriented portions of side yards of no less than ten (10) usable feet in width shall average not less than two thousand (2,000) square feet per lot. For purposes of this section, a "rear-oriented side yard" is a side yard which is either substantially a continuation of the rear yard by virtue of irregularly shaped rear and side yards, or which by virtue of the floor plan of the dwelling is designed to be an integral part of the indoor and outdoor living environment of the dwelling and lot.

e.

Total usable project open space contained within rear yards and rear-oriented portions of side yards of no less than ten (10) feet in width may be reduced to an average of not less than one thousand six hundred (1,600) square feet per lot if total project open-space contained within the rear yards of individual lots and rear-oriented side yards of no less than ten (10) feet in width is not less than forty (40) percent of the net area of a project devoted to residential lot purposes.

f.

In all cases where the front yard setback of a dwelling exceeds twenty-two (22) feet, the area defined by the product of the footage by which the setback exceeds twenty-two (22) feet and the width of the lot may be counted toward the project's open space requirements specified in subdivisions (2)(d) and (e) of this subsection.

g.

The requirements in subdivisions (2)(d) and (e) of this subsection shall be satisfied for the project as a whole and each phase of the project if the project is to be recorded in phases. Nothing in subdivisions (2)(d) and (e) of this subsection, however, shall prohibit individual homeowners from constructing structural additions or accessory structures on individual lots.

Housing Development Standards.

a.

Two enclosed off-street parking spaces shall be required for each dwelling unit, notwithstanding the provisions of Chapter 17.188. All driveways shall be concrete paved.

b.

All dwellings shall comply with the requirements of section 17.172.070, except that no multistory dwellings shall contain less than one thousand one hundred (1,100) square feet of total living area.

c.

Projects shall provide a range of dwelling unit sizes and floor plans developed in concert with the scale of the project. A minimum of one floor plan shall be provided for each sixty (60) dwelling units, or fraction thereof, in a proposed project, except that in no case shall less than three floor plans be provided for any individual project.

d.

Projects shall provide a variety of dwelling elevations developed in concert with the scale of the project. A minimum of one elevation shall be provided for each fifteen (15) dwelling units, or fraction thereof, in a proposed project, except that in no case shall less than six elevations be provided for any individual project.

e.

Dwellings situated on lots which take access from a collector roadway (sixty-six (66) foot right-of-way) shall either have garages setback deeper from the street than the front of the dwelling, but not less than thirty (30) feet from the face of curb, or be designed with swing in (side oriented) garage entries.

f.

Fencing, from building to building, parallel to the street, shall be provided in all side yard areas between dwelling units.

g.

The heights and construction of all reverse frontage walls shall be determined through an acoustical study of the forecasted noise environment, but shall not be less than six feet in height from the finished grade of the lot in any case.

h.

Dwellings and structures shall not exceed forty (40) feet in overall height.

i.

The number of dwelling units in one residential building shall not exceed two.

G.

Final Plan of Development.

1.

No final subdivision map shall be recorded pursuant to this section until such time as a final site plan has been submitted to and approved by the planning director. The final site plan shall show all lots, building footprints, setbacks, yard spaces, floor plans and elevations, and such additional information as deemed necessary by the planning director to determine that the final site plan conforms to this section and the final site plan approved in conjunction with the tentative subdivision map for the property.

2.

Nonsubstantial adjustments to an approved project's design including setbacks, floor plans, and elevations are permitted subject to the approval of the planning director or the approval of a minor change pursuant to county Ordinance No. 460. Changes determined to be substantial by the planning director including changes in concept and product type, shall be submitted for review in accordance with the provisions of county Ordinance No. 460 governing minor changes and revised tentative maps.

elevations are permitted subject to the approval of the planning director or the approval of a minor change pursuant to county Ordinance No. 460. Changes determined to be substantial by the planning director including changes in concept and product type, shall be submitted for review in accordance with the provisions of county Ordinance No. 460 governing minor changes and revised tentative maps.

(Ord. 348.3857, 1999; Ord. 348.3828, 1998; Ord. 348.2510, 1985; Ord. 348.2414, 1984; Ord. 348.2342, 1984; Ord. 348.2140, 1982; Ord. 348.1664, 1978; Ord. 348.1327, 1974; Ord. 348.1201, 1973; Ord. 348.777, 1970; Ord. 348 § 7.11)

Chapter 17.40 - R-2A LIMITED MULTIPLE-FAMILY DWELLING ZONE

Sections:

A.

The following uses are permitted:

1.

One-family dwellings;

2.

Field crops, flower and vegetable gardening, tree crops, and greenhouses used only for purposes of propagation and culture, including the sale thereof from the premises and one unlighted sign that does not exceed two square feet in size pertaining to the sale of products;

3.

The noncommercial keeping of horses on lots not less than twenty thousand (20,000) square feet in area and one hundred (100) feet in width, provided they are kept not less than one hundred (100) feet from any street and twenty (20) feet from any property line. A maximum of two horses per twenty thousand (20,000)

square feet and, in any event, not more than four horses on a lot will be permitted. If a lot is one acre or more in area, poultry, crowing fowl (chickens only), rabbits, chinchillas, guinea pigs, parakeets and other small fowl may be kept for the use of the occupants of the premises only. The poultry, crowing fowl, rabbits, chinchillas, guinea pigs, parakeets and small fowl shall be kept in an enclosed area located not less than twenty (20) feet from any property line and not less than fifty (50) feet from any residence and shall be maintained on the rear portion of the lot in conjunction with a residential use. If a lot is two acres or more in area, two sheep or goats or conibination thereof may be kept in addition thereto provided they are kept not less than one hundred (100) feet from any street, twenty (20) feet from any property line and fifty (50) feet from any residence;

4.

The keeping or raising of not more than four mature female crowing fowl (chickens only) on single samily residential lots or parcels between seven thousand two hundred (7,200) square feet and thirty-nine thousand three hundred ninety-nine (39,999) square feet or not more than twelve (12) mature female crowing fowl (chickens only) on single-family residential lots of forty thousand (40,000) square feet or more for the use of the occupants of the premises. The crowing fowl shall be kept in an enclosed area located not less than twenty (20) feet from any property line and not less than fifty (50) feet from any residence and shall be maintained on the rear portion of the lot in conjunction with a residential use;

5.

Home occupations;

6.

Planned residential developments, provided a land division is approved pursuant to the provisions of county Ordinance No. 460 and the development standards in section 17.180.010 or 17.180.020;

7.

On-site signs, affixed to building walls, stating the name of the structure, use or institution, not to exceed five percent of the surface area of the exterior face of the wall upon which the sign is located;

8.

Kennels and catteries are permitted provided they area approved pursuant to the provisions of Chapter 17.236;

9.

The noncommercial raising of not more than one miniature pig on lots from seven thousand two hundred (7,200) to nineteen thousand nine hundred ninety-nine (19,999) square feet or not more than two miniature pigs on lots of not less than twenty thousand (20,000) square feet, subject to the following conditions:

a.

Any person owning or having custody or control of a miniature pig over the age of four months shall pay for and obtain a license from the animal control department.

b.

Any miniature pig kept or maintained on a lot with a use permitted under subsection (A)(1) of this section shall be spayed or neutered as a condition of being licensed. No license shall be issued unless the owner or custodian of the miniature pig presents a valid certificate from a veterinarian. All unaltered miniature pigs shall be subject to immediate impoundment.

c.

No miniature pig may weigh more than two hundred (200) pounds.

d.

Any person owning or having charge, care, custody or control of any miniature pig shall keep such pig exclusively upon his or her own premises, provided, however, such pig may be off such premises if under restraint of a competent person.

e.

The miniature pig must be kept in an enclosure that is no closer than thirty (30) feet from the front property line, fifteen (15) feet from any side or rear property line and no closer than thirty-five (35) feet of any dwelling unit other than the dwelling unit on the subject lot;

10.

Future Farmers of America (FFA) or 4-H projects conducted by the occupants of the premises. Provided, however, if the project involves crowing fowl, an unexpired crowing fowl affidavit form describing the project must be on file with the planning director. Affidavit forms are available at the planning department and may be filed free of charge.

11.

The outside storage of materials on improved lots or parcels of one-half acre to one acre provided the amount is limited to one hundred (100) square feet with a maximum height of three feet and on improved lots or parcels of one acre or more provided the amount is limited to two hundred (200) square feet with a maximum height of three feet.

B.

The following uses shall be permitted provided a plot plan has first been approved pursuant to the provisions of Chapter 17.216:

1.

Two-family dwellings, multiple-family dwellings and apartment houses;

2.

Temporary real estate tract offices located within a subdivision, to be used only for and during the original sale of the subdivision, but not to exceed a period of two years in any event;

Beauty shops operated from a home by its inhabitants where no assistants are employed and the on-site sign is unlighted and does not exceed two square feet in area;

4.

Nurseries, horticultural;

5.

Public parks and public playgrounds, golf courses with standard length fairways, and county clubs;

6.

Churches, temples and other places of religious worship.

7.

Reserved.

8.

Child day care center.

C.

The following uses are permitted provided a conditional use permit is granted pursuant to Chapter 17.200:

1.

Mobilehome parks, developed pursuant to Chapter 17.264.

D.

Any use that is not specifically listed in Subsections B. and C. may be considered a permitted or conditionally permitted use provided that the planning director finds that the proposed use is substantially the same in character and intensity as those listed in the designated subsections. Such a use is subject to the permit process which governs the category in which it falls.

(Ord. 348.4087 § 17, 2003; Ord. 348.3966 § 1 (part), 2000; Ord. 348.3954 §§ 19—21, 2000; Ord. 348.3888 § 4, 1999; Ord. 348.3881, 1999; Ord. 348.3857, 1999; Ord. 348.3828, 1998; Ord. 348.2669, 1987; Ord. 348.2540, 1986; Ord. 348.2414, 1984; Ord. 348.2140, 1982; Ord. 348 § 7.25)

(Ord. No. 348.4596, § 6, 2-10-2009; Ord. 348.4713, § 5, 11-9-2010; Ord. No. 348.4911, § 6, 9-10-2019)

Building height shall not exceed two stories of thirty (30) feet.

(Ord. 348, § 7.26)

Lot area shall not be less than seven thousand two hundred (7,200) square feet.

(Ord. 348, § 7.27)

Yard requirements are as follows:

A.

Front yard, twenty (20) feet.

B.

Side yard, five feet.

C.

Rear yard, ten (10) feet.

D.

No structural encroachments shall be permitted in the front, side or rear yard except as provided for in section 17.172.140.

(Ord. 348.2510, 1985; Ord. 348 § 7.28)

In no case shall more than sixty (60) percent of any lot be covered by buildings.

(Ord. 348, § 7.29)

No two-story main building shall be closer than fifteen (15) feet to any other main building on the same lot and no one-story building shall be closer than ten (10) feet to any other one-story main building on the same lot.

(Ord. 348, § 7.30)

Automobile storage space shall be provided as required by Chapter 17.188.

(Ord. 348.3881, 1999; Ord. 348.3857, 1999; Ord. 348.3828, 1998; Ord. 348.2510, 1985; Ord. 348.2140, 1982; Ord. 348.2074, 1982; Ord. 348.1327, 1974; Ord. 348.1201, 1973; Ord. 348.777, 1970; Ord. 348 § 7.31)

Chapter 17.44 - R-3 GENERAL RESIDENTIAL ZONE

Sections:

A.

The following use shall be permitted in the R-3 Zone: One-family dwellings.

B.

The following uses are allowed, providing a plot plan shall first have been obtained pursuant to the provisions of Chapter 17.216, and is approved:

1.

Field crops, flower and vegetable gardening, tree crops, and greenhouses used only for purposes of propagation and culture, including the sale thereof from the premises and one unlighted sign that does not exceed two square feet in size pertaining to the sale of products;

2.

The noncommercial keeping of horses on lots not less than twenty thousand (20,000) square feet in area and one hundred (100) feet in width, provided they are kept not less than one hundred (100) feet from any street and twenty (20) feet from any property line. A maximum of two horses per twenty thousand (20,000) square feet and, in any event, not more than four horses on a lot will be permitted. If a lot is one acre or more in area, poultry, crowing fowl (chickens only), rabbits, chinchillas, guinea pigs, parakeets and small fowl may be kept for the use of the occupants of the premises only. The poultry, crowing fowl, rabbits, chinchillas, guinea pigs, parakeets and small fowl shall be kept in an enclosed area located not less than twenty (20) feet from any property line and not less than fifty (50) feet from any residence and shall be maintained on the rear portion of the lot in conjunction with a residential use.If a lot is two acres or more in area, two sheep or goats or combination thereof may be kept in addition thereto provided they are kept not less than one hundred (100) feet from any street, twenty (20) feet from any property line and fifty (50) feet from any residence;

3.

Public parks and public playgrounds, golf courses with standard length fairways, and country clubs;

4.

Home occupations;

5.

On-site signs, affixed to building walls, stating the name of the structure, use, or institution, not to exceed five percent of the surface area of the exterior face of the wall upon which the sign is located;

6.

One-family dwellings developed as restricted single-family residential subdivisions, subject to the development standards of section 17.36.110. The provisions of section 17.44.020 shall not be applicable to developments under this permitted use;

7.

Accessory buildings, to a specific permitted use; provided, that the accessory building is established as an incident to a principal use and does not change the character of that use;

8.

On-site signs, affixed to building walls, stating the name of the structure, use or institution, not to exceed five percent of the surface area of the exterior face of the wall upon which the sign is located;

9.

Planned residential developments, provided a land division is approved pursuant to the provisions of county Ordinance No 460 and the development standards in section 17.180.010 or 17.180.020;

10.

Reserved.

11.

Two-family dwellings, multiple-family dwellings, bungalow courts and apartment houses;

12.

Boarding, rooming and lodging houses;

13.

Churches, educational institutions, public libraries, museum and art galleries not operated for compensation or profit;

14.

Temporary real estate tract offices located within a subdivision, to be used only for and during the original sale of the subdivision, but not to exceed a period of two years in any event;

15.

Congregate care residential facilities;

16.

Beauty shops operated from a home by its inhabitants where no assistants are employed and the on-site sign is unlighted and does not exceed two square feet in area;

Nurseries, horticultural;

18.

Nonprofit clubs and lodge halls;

19.

Fraternity and sorority houses;

20.

Hotels, resort hotels, and motels;

Child day care center;

22.

Institutions for the aged licensed by the California State Department of Social Welfare or the county department of public welfare;

23.

Offices, including medical, dental, chiropractic law offices, architectural, engineering, community planning and real estate; provided there is no outdoor storage of materials, equipment or vehicles, other than passenger cars;

24.

The noncommercial raising of not more than one miniature pig on lots from seven thousand two hundred (7,200) to nineteen thousand nine hundred ninety-nine (19,999) square feet or not more than two miniature pigs on lots of not less than twenty thousand (20,000) square feet, subject to the following conditions:

a.

Any person owning or having custody or control of a miniature pig over the age of four months shall pay for and obtain a license from the animal control department.

b.

Any miniature pig kept or maintained on a lot with a use permitted under subsection (A)(1) of this section shall be spayed or neutered as a condition of being licensed. No license shall be issued unless the owner or custodian of the miniature pig presents a valid certificate from a veterinarian. All unaltered miniature pigs shall be subject to immediate impoundment.

c.

No miniature pig may weigh more than two hundred (200) pounds.

d.

Any person owning or having charge, care, custody or control of any miniature pig shall keep such pig exclusively upon his or her own premises, provided, however, such pig may be off such premises if under restraint of a competent person.

e.

The miniature pig must be kept in an enclosure that is no closer than thirty (30) feet from the front property line, fifteen (15) feet from any side or rear property line and no closer than thirty-five (35) feet of any dwelling unit other than the dwelling unit on the subject lot;

25.

Churches, temples, and other places of religious worship.

26.

The keeping or raising of not more than four mature female crowing fowl (chickens only) on single-family residential lots or parcels between seven thousand two hundred (7,200) square feet and thirty-nine thousand nine hundred ninety-nine (39,999) square feet or not more than twelve (12) mature female crowing fowl (chickens only) on single-family residential lots of forty thousand (40,000) square feet or more for the use of the occupants of the premises. The crowing fowl shall be kept in an enclosed area located not less than twenty (20) feet from any property line and not less than fifty (50) feet from any residence and shall be maintained on the rear portion of the lot in conjunction with a residential use.

27.

Future Farmers of America (FFA) or 4-H projects conducted by the occupants of the premises. Provided, however, if the project involves crowing fowl, an unexpired crowing fowl affidavit form describing the project must be on file with the planning director. Affidavit forms are available at the planning department and may be filed free of charge.

C.

The following uses shall be permitted provided a conditional use permit is obtained pursuant to this title:

1.

Mobilehome parks, developed pursuant to Chapter 17.264;

2.

Parking area for commercial uses;

3.

Congregate care residential facilities, developed pursuant to section 17.272.030.

D.

The outside storage of materials on improved lots or parcels of one-half acre to one acre provided the amount is limited to one hundred (100) square feet with a maximum height of three feet and on improved lots or parcels of one acre or more provided the amount is limited to two hundred (200) square feet with a maximum height of three feet.

E.

Any use that is not specifically listed in subsections A. and B. may be considered a permitted or conditionally permitted use provided that the planning director finds that the proposed use is substantially the same in character and intensity as those listed in the designated subsections. Such a use is subject to the permit process which governs the category in which it falls.

(Ord. 348.4087 § 19, 2003; Ord. 348.3966 § 1 (part), 2000; Ord. 348.3954 §§ 22—24, 2000; Ord. 348.3857, 1999; Ord. 348.3828, 1998; Ord. 348.2543, 1987; Ord. 348.2669, 1987; Ord. 348.2341, 1984; Ord. 348.2140, 1982; Ord. 348 § 8.1)

(Ord. No. 348.4596, §§ 7—9, 2-10-2009; Ord. 348.4713, § 6, 11-9-2010; Ord. No. 348.4911, § 7, 9-102019; Ord. No. 348.4950, §§ 5—8, 3-2-2021)

The following standards of development shall apply in the R-3 zone, except that planned residential developments shall comply with the development standards contained in section 17.180.010.

A.

The minimum lot area shall be seven thousand two hundred (7,200) square feet with a minimum average width of sixty (60) feet and a minimum average depth of one hundred (100) feet, unless different minimums are specifically required in a particular area.

B.

The minimum front and rear yards shall be ten (10) feet for buildings that do not exceed thirty-five (35) feet in height. Any portion of a building which exceeds thirty-five (35) feet in height shall be set back from the front and rear lot lines no less than ten (10) feet plus two feet for each foot by which the height exceeds thirty-five (35) feet. The front setback shall be measured from any existing or future street line as shown on any specific street plan of the county. The rear setback shall be measured from the existing rear lot line or from any recorded alley or easement; if the rear line adjoins a street, the rear setback requirement shall be the same as required for a front setback.

C.

The minimum side yard shall be five feet for buildings that do not exceed thirty-five (35) feet in height. Any portion of a building which exceeds thirty-five (35) feet in height shall be set back from each side lot line five feet plus two feet for each foot by which the height exceeds thirty-five (35) feet; if the side yard adjoins a street, the side setback requirement shall be the same as required for a front setback. No structural encroachments shall be permitted in the front, side, or rear yard except as provided in section 17.172.140.

D.

No lot shall have more than fifty (50) percent of its net area covered with buildings or structures.

E.

The maximum ratio of floor area to lot area shall not be greater than two to one, not including basement floor area.

F.

All buildings and structures shall not exceed fifty (50) feet in height, unless a height up to seventy-five (75) feet is specifically permitted under the provisions of section 17.172.230.

G.

Automobile storage space shall be provided as required by Chapter 17.188.

(Ord. 348.3857, 1999; Ord. 348.3828, 1998; Ord. 348.2510, 1985; Ord. 348.2140, 1982; Ord. 348.2074, 1982; Ord. 348.1688, 1979; Ord. 348.1481, 1975; Ord. 348.1327, 1974; Ord. 348.1201, 1973; Ord. 348.1180, 1973; Ord. 348.1023, 1972; Ord. 348.920, 1971; Ord. 348.777, 1970; Ord. 348.507, 1967; Ord. 348.422, 1966; Ord. 348.251, 1964; Ord. 348 § 8.2)

Chapter 17.48 - R-3A VILLAGE TOURIST RESIDENTIAL ZONE

Sections:

It is the intent of this chapter to allow residents in mountainous resort areas of the unincorporated area of the county to combine limited commercial uses with a residential dwelling. It is the intent of the board of supervisors in adopting this chapter that these limited commercial uses shall not alter or disturb the residential or resort nature of the premises or its surroundings. The combination of commercial and residential uses shall be known as "cottage commercial."

(Ord. 348, § 8.24)

17.48.020 - Uses permitted.

A.

The following uses are permitted in the R-3A zone:

1.

One-family dwellings;

2.

Field crops, flower and vegetable gardening, tree crops, and greenhouses used only for purposes of propagation and culture, including the sale thereof from the premises and one unlighted sign that does not exceed two square feet in size pertaining to sale of the products;

Home occupations;

4.

Planned residential developments, provided a land division is approved pursuant to the provisions of county Ordinance No. 460 and the development standards in section 17.180.010 or 17.180.020;

5.

The noncommercial raising of not more than one miniature pig on lots from seven thousand two hundred (7,200) to nineteen thousand nine hundred ninety-nine (19,999) square feet or not more than two miniature pigs on lots of not less than twenty thousand (20,000) square feet, subject to the following conditions:

a.

Any person owning or having custody or control of a miniature pig over the age of four months shall pay for and obtain a license from the animal control department.

b.

Any miniature pig kept or maintained on a lot with a use permitted under subsection (A)(1) of this section shall be spayed or neutered as a condition of being licensed. No license shall be issued unless the owner or custodian of the miniature pig presents a valid certificate from a veterinarian. All unaltered miniature pigs shall be subject to immediate impoundment.

c.

No miniature pig may weigh more than two hundred (200) pounds.

d.

Any person owning or having charge, care, custody or control of any miniature pig shall keep such pig exclusively upon his or her own premises, provided, however, such pig may be off such premises if under restraint of a competent person.

e.

The miniature pig must be kept in an enclosure that is no closer than thirty (30) feet from the front property line, fifteen (15) feet from any side or rear property line and no closer than thirty-five (35) feet of any dwelling unit other than the dwelling unit on the subject lot.

6.

The outside storage of materials on improved lots or parcels of one-half acre to one acre provided the amount is limited to one hundred (100) square feet with a maximum height of three feet and on improved lots or parcels of one acre or more provided the amount is limited to two hundred (200) square feet with a maximum height of three feet.

B.

The following uses are permitted, provided a plot plan has been approved pursuant to the provisions of Chapter 17.216; and provided, that the commercial uses are conducted entirely within a one-family dwelling and are secondary to the principal use of the dwelling as a residence:

1.

Antique shops;

2.

Arts and crafts shops, including art galleries;

3.

Beauty and barber shops;

4.

Blue print and duplicating services;

5.

Bookstores and binders;

6.

Boutique shops;

7.

Ceramics;

8.

Costume design studios;

9

Dwelling, bed and breakfast;

10.

Florist shops;

11

Gift shops;

Hobby shops;

13.

Interior decorating shops;

Jewelry stores with incidental repairs;

Locksmith shops;

Mail order businesses;

Manufacturer's agent;

Music stores;

Recreational and sporting goods;

Shoe repair shops;

Shoeshine stands;

Stained glass assembly;

Tailor shops;

Tourist information centers;

Toy shops;

Travel agencies;

27.

Watch repair shops;

28.

Wedding chapels;

29.

Bakery shops for baked goods produced on premises, catering services, and confectionery or candy stores, provided the applicant receives clearance from the county health department prior to plot plan approval that the proposed use will not violate Section 27636 of the Health and Safety Code;

30.

Public parks and playgrounds, golf courses with standard length fairways, and country clubs.

C.

The following uses are permitted provided a plot plan has been approved pursuant to the provisions of Chapter 17.216:

1.

Churches, temples and other places of religious worship, educational institutions, public libraries, and museums not operated for compensation or profit;

2.

Sports and recreational facilities, not including video arcades, motor-driven vehicles and riding academies, but including archery ranges, athletic fields, golf driving ranges, miniature golf, skating rinks and commercial swimming pools.

3.

Child day care center.

D.

The following uses are permitted provided a conditional use permit has been granted:

1.

Ambulance services;

Apartments;

3.

Automobile and truck repair and service stations;

4.

Bungalow courts;

5.

Country clubs;

6.

Golf courses with standard length fairways;

7.

Hotels, resort hotels, and motels;

8.

Mobilehome parks developed pursuant to Chapter 17.264;

9.

Offices, including business, law, medical, dental, chiropractic, architectural and engineering;

Parking lot;

11.

Recreational vehicle parks.

E.

Reserved.

F.

If any use that is not specifically listed in subsections B, C and D of this section may be considered a permitted or conditionally permitted use; provided, that the planning director finds that the proposed use is substantially the same in character and intensity as those listed in the designated subsections. Such a use is subject to the permit process which governs the category in which it falls.

any use that is not specifically listed in subsections B, C and D of this section may be considered a permitted or conditionally permitted use; provided, that the planning director finds that the proposed use is substantially the same in character and intensity as those listed in the designated subsections. Such a use is subject to the permit process which governs the category in which it falls.

(Ord. 348.4087 § 21, 2003; Ord. 348.3888 § 5, 1999; Ord. 348.3881, 1999; Ord. 318.3857, 1999; Ord. 348.3032, 1989; Ord. 348.2669, 1987; Ord. 348.2535, 1985; Ord. 348.2140, 1982; Ord. 348 § 8.25)

(Ord. No. 348.4596, §§ 10—12, 2-10-2009; Ord. No. 348.4911, § 8, 9-10-2019)

The following standards of development shall apply in the R-3A zone, except that planned residential developments shall comply with the development standards contained in section 17.180.010.

A.

The minimum lot area shall be nine thousand (9,000) square feet.

B.

The maximum allowed density for apartments shall be twenty (20) units per acre. The maximum allowed density for mobilehome parks shall be as required by Chapter 17.264. The maximum allowed density for hotels, motels, kitchenettes, and recreational vehicle parks shall be fifteen (15) units per acre.

C.

Off-street parking facilities shall be provided as required by Chapter 17.188.

D.

Building height limits, required front, rear and side yard setbacks, permitted lot coverage and distance between main buildings shall be the same as in the R-3 zone.

(Ord. 348.2612, 1986; Ord. 348.2535, 1985; Ord. 348 § 8.26)

Automobile storage space shall be provided as required by Chapter 17.188.

(Ord. 348.3857, 1999; Ord. 348.2140, 1982; Ord. 348.1327, 1974; Ord. 348 § 8.27)

Chapter 17.52 - R-T MOBILEHOME SUBDIVISIONS AND MOBILEHOME PARK ZONES

Sections:

17.52.010 - Uses permitted.

A.

The following uses shall be permitted in the R-T zone. Structures that do not conform to the zone shall not be constructed or maintained in the R-T zone.

1.

One-family mobilehomes with a floor area of not less than four hundred fifty (450) square feet, and onefamily factory built and conventional dwelling units with a floor area of not less than seventy hundred fifty (750) square feet;

Community recreation facilities, as part of the subdivision development;

3.

Temporary real estate tract offices, to be used only for and during the original sale of the subdivision, but not to exceed a period of two years per subdivision;

4.

Home occupations, only in mobilehome subdivisions.

B.

The following use is permitted provided a plot plan has been approved pursuant to the provisions of section 17.216.040 of this ordinance;

1.

Child day care center.

C.

Uses Permitted by Conditional Use Permit. The following uses are permitted, provided a conditional use permit has been granted:

1.

Mobilehome parks;

2.

Trailer and boat storage areas, provided such use is developed in conjunction with and adjacent to a mobilehome park.

D.

The following uses are permitted provided a public use permit has been granted pursuant to the provisions of section 17.208.050 of this ordinance:

1.

Churches, temples and other places of religious worship.

E.

Any use that is not specifically listed in Subsections C. and D. may be considered a permitted or conditionally permitted use provided that the planning director finds that the proposed use is substantially the same in character and intensity as those listed in the designated subsections. Such a use is subject to the permit process which governs the category in which it falls.

(Ord. 348.3883, 9-10-199; Ord. 348.3043, 1989; Ord. 348.2670, 1987; Ord. 348.2244, 1984; Ord. 348 § 8.50)

(Ord. No. 348.4596, §§ 13, 14, 2-10-2009; Ord. 348.4713, § 7, 11-9-2010)

The following standards of development shall apply to mobilehome subdivisions:

A.

No real property shall be used unless a subdivision has been recorded pursuant to the provisions of the county land division Ordinance No. 460 and this chapter.

B.

Mobilehomes shall meet the following minimum lot setbacks: twenty (20) feet front yard, five feet side yard and five feet rear yard. The twenty (20) foot front setback may be reduced on interior streets to ten (10) feet if community recreation areas are developed as a part of the subdivision. No structural encroachments shall be permitted in the front, side or rear yard except as provided for in section 17.172.140.

C.

Building height shall not exceed three stories, with a maximum height of forty (40) feet.

D.

Minimum lot size shall be either of the following:

1.

Minimum lot size of seven thousand two hundred (7,200) square feet, with a minimum average width of sixty (60) feet and a minimum frontage of not less than forty-five (45) feet and a minimum average depth of one hundred (100) feet for each lot. Lots fronting on knuckle and cul-de-sac streets may have a frontage of not less than thirty-five (35) feet. Lots that do not front on a street shall be permitted only upon a finding by the planning commission that it is impractical due to topographical conditions, terrain or configuration of the parcel of land to develop full street frontage lots. Such lots, designated as flag lots, shall meet all lot requirements except that requirement of street frontage but shall have an access strip to a street not less than twenty (20) feet wide and not exceeding one hundred fifty (150) feet in length;

2.

Minimum lot size of three thousand six hundred (3,600) square feet, with a minimum average width of forty (40) feet and a minimum frontage of not less than thirty (30) feet, if community open areas or recreational facilities or a combination thereof, are developed as a part of the subdivision. The standards for the recreation area shall be as follows:

a.

A minimum of five hundred (500) square feet for each residential lot in the subdivision shall be developed into usable community open and recreation areas. The combined square footage of community area and residential lot area, not including streets rights-of-way, shall total no less than six thousand (6,000) square feet for each residential lot in the subdivision.

b.

The recreation areas shall be designated on the subdivision map and shall be located entirely within the subdivision development.

E.

For subdivisions that include community open or recreation areas, a community association with the unqualified right to assess the owners of the residential lots for all maintenance operations and other costs of the common areas and facilities and the community association shall be established and continuously maintained. The association shall have the right to lien the lots of owners who default in the payment of their assessments. The association's lien shall not be subordinate to any encumbrance other than a deed of trust or mortgage made in good faith and for value which is of record prior to the recordation of the lien of the association. Prior to recordation of the final subdivision map, the developer shall submit for approval

the declaration of covenants, conditions and restrictions for the project. The approved declaration shall be recorded at the time of the recording of the final subdivision map.

F.

The following improvements shall be installed on all lots used for residential purposes:

1.

A concrete slab or other metal or wood deck containing at least two hundred (200) square feet;

2.

The area between the ground level and the floor of a mobilehome shall be screened from view by an opaque skirt entirely around the mobilehome.

G.

No common area for storage of camp and boat trailers shall be permitted unless it is designated on the subdivision map.

H.

Not more than one mobilehome for residential purposes shall be permitted on a lot.

I.

Whenever the soil is excavated below a mobilehome, a retaining wall shall be installed extending six inches above grade. Plans for the retaining wall shall be approved by the county building and safety department.

(Ord. 348.2510, 1983; Ord. 348.2162, 1983; Ord. 348 § 8.51)

In addition to any conditions imposed upon the granting of a conditional use permit, the following minimum standards shall apply to mobilehome parks:

A.

The minimum site that may be developed for a mobilehome park shall be five acres gross.

B.

Minimum area for each mobilehome site shall be two thousand five hundred (2,500) square feet with a minimum width of thirty (30) feet.

(Ord. 348, § 8.52)

A.

All mobilehome subdivisions and mobilehome parks that are proposed to be constructed adjacent to, or across the street from, land zoned R-1, R-1A or R-A, unless the gross area of each lot in the mobilehome development is not less than two and one-half acres and the average width of each lot is not less than two hundred sixty (260) feet, shall have a common area consisting of a twenty (20) foot minimum setback along all adjoining boundary streets and a fifteen (15) foot side and rear setback along all non-street boundaries of the development. Masonry walls six feet high shall be erected along all boundary lines, except that along all street boundaries the wall shall be erected five feet from the right-of-way line. The area between the wall and the street shall be planted in ground cover. Trees or shrubs shall be planted within a ten (10) foot strip adjacent to the inside of all boundary walls unless an interior street adjoins a perimeter wall. All trees and shrubs planted shall be of a variety that will grow to a height of not less than fifteen (15) feet and shall be planted at intervals so that at maturity the trees or shrubs will provide solid screening of mobilehome park or mobilehome subdivision. All planting shall be maintained in a growing condition. In mobilehome subdivisions, approved provisions shall be required for the continued maintenance of the landscaped common area surrounding the development by a community association composed of the owners of the individual lots or other legal entity providing for participation by the individual lot owners in the responsibility and cost thereof. The association shall have the right to place a lien upon the individual lots for all necessary costs and expenses of maintaining the area. Exception: The improvement and setback requirements contained in this section may be modified or eliminated when the commission finds that due to topographical conditions or property ownership patterns these requirements are impractical and will not serve to protect the present or future welfare of the public.

B.

Lots in a mobilehome subdivision or mobilehome park shall not front on a street which is zoned R-1, R-1A or R-A on the opposite side of the street.

C.

Automobile storage space shall be provided as required by Chapter 17.188.

(Ord. 348.3857, 1999; Ord. 348.2244, 1984; Ord. 348.2162, 1983; Ord. 348.2074, 1982; Ord. 348.1411, 1975; Ord. 348.1327, 1974; Ord. 348.1023, 1972; Ord. 348.860, 1971; Ord. 348.773, 1970; Ord. 348.718, 1970; Ord. 348.628, 1969; Ord. 348.556, 1968; Ord. 348.356, 1965; Ord. 348 § 8.53)

Chapter 17.56 - R-T-R MOBILEHOME SUBDIVISION, RURAL ZONE

Sections:

17.56.010 - Uses permitted.

A.

Only the following uses shall be permitted in the R-T-R zone:

1.

One-family mobilehomes with a floor area of not less than four hundred fifty (450) square feet, and onefamily factory built and conventional dwelling units with a floor area of not less than seven hundred fifty (750) square feet.

2.

The following agricultural uses on individual lots:

a.

The noncommercial keeping of horses, cattle, sheep and goats, for the use of the occupants of the premises, provided they are kept, fed and maintained not less than twenty (20) feet from any street and twenty (20) feet from any residential use. A total of four adult animals, plus the offspring thereof until they reach the age of maturity, may be kept for each forty thousand (40,000) square feet,

b.

The keeping and raising of rabbits, birds, poultry and crowing fowl for the use of the occupants of the premises, provided they are kept not less than twenty (20) feet from any street and not less than fifty (50) feet from any residence,

c.

Future Farmers of America (FFA) or 4-H projects conducted by the occupants of the premises. Provided, however, if the project involves crowing fowl, an unexpired crowing fowl affidavit form describing the project must be on file with the planning director. Affidavit forms are available at the planning department and may be filed free of charge,

d.

Orchards, the raising of field and tree crops, berry and bush crops and vegetable, flower and herb gardening on a commercial scale,

e.

The keeping or raising of not more than twelve (12) mature female crowing fowl on lots or parcels between twenty thousand (20,000) square feet and thirty-nine thousand nine hundred ninety-nine (39,999) square feet or not more than fifty (50) mature female crowing fowl and ten (10) mature male crowing fowl on lots of forty thousand (40,000) square feet or more for the use of the occupants of the premises. The crowing fowl shall be kept in an enclosed area located not less than twenty (20) feet from any property line and not less than fifty (50) feet from any residence and shall be maintained on the rear portion of the lot in conjunction with a residential use;

3.

Temporary real estate tract office located within the subdivision to be used only for and during the original sale of the subdivision, but not to exceed a period of two years for a subdivision;

4.

Home occupations.

B.

The following use is permitted provided a plot plan has been approved pursuant to the provisions of chapter 18.30 of this Ordinance:

1.

Child day care center.

C.

Uses permitted by conditional use permit. The following uses are permitted provided a conditional use permit has been granted:

1.

The keeping of animals other than those listed as a permitted use.

D.

Reserved.

E.

Subject to the provisions of section 17.200.030, the number of mature crowing fowl may be increased up to fifty (50) percent over each (male and female) of the permitted numbers.

F.

Any use that is not specifically listed in Subsection B. may be considered a permitted or conditionally permitted use provided that the planning director finds that the proposed use is substantially the same in

character and intensity as those listed in the designated subsection. Such a use is subject to the permit process which governs the category in which it falls.

(Ord. 348.3966 § 1 (part), 2000; Ord. 348.3954 §§ 25—28, 2000; Ord. 348.3888, 10-21-1999; Ord. 348.3883, 9-10-1999; Ord. 348.3043, 1989; Ord. 348.2856, 1988; Ord. 348.2669, 1987; Ord. 348.2244, 1984; Ord. 348 § 8.60)

(Ord. 348.4596, §§ 15, 16, 2-10-2009; Ord. 348.4713, § 8, 11-9-2010; Ord. No. 348.4911, § 9, 9-10-2019)

17.56.020 - Rural mobilehome subdivision standards.

The following standards of development shall apply to mobilehome subdivisions:

A.

No real property shall be used unless a subdivision has been recorded pursuant to the provisions of the county Ordinance No. 460 and this chapter.

B.

Mobilehomes shall meet the following minimum lot setbacks: twenty (20) feet front yard, five feet side yard, and five feet rear yard. No structural encroachments shall be permitted in the front, side, or rear yard except as provided for in section 17.180.010.

C.

Building height shall not exceed three stories, with a maximum height of forty (40) feet.

D.

Minimum lot size shall be forty thousand (40,000) square feet net area with a minimum frontage at the property line of one hundred (100) feet and a minimum depth of one hundred (100) feet for each lot. Lots fronting on knuckle and cul-de-sac streets may have a frontage of not less than fifty (50) feet. Lots that do not front on a street shall be permitted upon a finding that it is impractical due to topographical conditions, terrain or configuration of the parcel of land to develop full street frontage lots. Such lots, designated as flag lots, shall meet all lot requirements except that requirement of street frontage, but shall have an access strip to a street not less than twenty (20) feet wide and not exceeding one hundred fifty (150) feet in length.

E.

The following improvements shall be installed on all lots used for residential purposes:

1.

A concrete slab or other metal or wood deck containing at least two hundred (200) square feet.

2.

The area between the ground level and the floor of a mobilehome shall be screened from view by an opaque skirt beneath the mobilehome and appropriate landscaping.

F.

Not more than one mobilehome for residential purposes shall be permitted on a lot. Not more than one travel trailer and camper and boat shall be stored on a lot.

G.

When any portion of a mobilehome is installed below the level of the existing graded lot a retaining wall shall be installed below the mobilehome extending six inches above the grade. Plans for the retaining wall shall be approved by the county building and safety department.

H.

Automobile storage space shall be provided as required by Chapter 17.188.

(Ord. 348.2510, 1985; Ord. 348.2162, 1983; Ord. 348.2074, 1982; Ord. 348.1411, 1975; Ord. 348 § 8.61)

Chapter 17.60 - R-4 PLANNED RESIDENTIAL ZONE

Sections:

The board of supervisors finds that because of the rapid urbanization taking place in the county, it is desirable to permit the development of subdivisions containing open areas that will be used for recreation purposes or will tend to preserve the rural atmosphere of the area. Therefore, lots containing an area less than the minimum lot area now established may be permitted provided open areas are developed and maintained for the use and benefit of the residents of the subdivision.

(Ord. 348, § 8.90)

A.

One-family dwellings, and accessory uses or buildings normally incidental thereto.

B.

Multiple-family dwellings subject to the provisions of section 17.60.070 of this ordinance.

C.

Nonprofit community centers, social halls, churches, parks, and community recreation facilities, including but not limited to swimming pools, and golf courses and the normal accessory uses thereto.

D.

Community service areas and medical facilities designed primarily for the use of the residents of the subdivision.

E.

On-site signs, affixed to building walls, stating the name of the structure, use, or institution, not to exceed five percent of the surface area of the exterior face of the wall upon which the sign is located.

F.

The following uses shall be permitted provided a conditional use permit is granted pursuant to section 17.200.050 of this ordinance:

1.

Mobilehome parks, developed pursuant to section 17.264.020 of this ordinance.

G.

The following uses are permitted provided a plot plan has been approved pursuant to the provisions of section 17.216.040:

1.

Temporary real estate tract offices located within a subdivision, to be used only for and during the original sale of the subdivision, but not to exceed a period of two years in any event.

2.

Child day care center.

H.

The following uses are permitted provided a public use permit has been granted pursuant to the provisions of section 17.208.050 of this ordinance:

1.

Churches, temples and other places of religious worship.

I.

Any use that is not specifically listed in Subsections F., G. and H. may be considered a permitted or conditionally permitted use provided that the planning director finds that the proposed use is substantially the same in character and intensity as those listed in the designated subsections. Such a use is subject to the permit process which governs the category in which it falls.

(Ord. 348.3888 §§ 6, 7, 1999; Ord. 348.3883, 9-10-199; Ord. 348.2540, 1986; Ord. 348.2140, 1982; Ord. 348 § 8.91)

(Ord. 348.4596, § 17, 2-10-1999; Ord. 348.4713, § 9, 11-9-2010)

The R-4 zone shall not be applied to any area containing less than nine acres.

(Ord. 348, § 8.92)

A.

The minimum overall area for each dwelling unit, exclusive of the area used for commercial purposes and area set aside for street rights-of-way, but including recreation and service areas shall be six thousand (6,000) square feet.

B.

The minimum lot area for the individual lots used as a residential building site shall be three thousand five hundred (3,500) square feet. The minimum width of each lot shall be forty (40) feet and the minimum depth shall be eighty (80) feet.

C.

One-family residences shall not exceed forty (40) feet in height. No other building or structure shall exceed fifty (50) feet in height, unless a greater height is approved pursuant to section 17.172.230. In no event, however, shall a building exceed seventy-five (75) feet in height or any other structure exceed one hundred five (105) feet in height, unless a variance is approved pursuant to Chapter 17.196.

D.

Minimum yard requirements. The minimum yard requirements are as follows:

1.

The front yard shall be not less than twenty (20) feet, measured from the existing right-of-way as shown on any specific plan of highways, whichever is nearer the proposed structure.

2.

Side yards on interior and through lots shall be not less than a width of five feet. Side yard on corner and reversed corner lots shall be not less than ten (10) feet from the existing right-of-way or from any future right-of-way as shown on any specific plan of highways, whichever is nearer the proposed structure.

3.

The rear yard shall not be less than ten (10) feet.

4.

No structural encroachments shall be permitted in the front, side or rear yard except as provided for in section 17.172.140.

E.

Off-street parking shall be provided as set forth in Chapter 17.188.

F.

Individual sewage disposal systems shall not be permitted on lots containing an area of less than one-half acre unless a report has been received by the planning commission from the county health department stating that such a system will be acceptable.

G.

The recreation areas shall be of a size, based on the particular use, adequate to meet the needs of the anticipated population, and shall be arranged so as to be readily accessible to the residents of the subdivision.

H.

Adequate and permanent access from a public street to each family dwelling shall be provided for pedestrians and emergency vehicles.

(Ord. 348.4088 § 1, 2002; Ord. 348.3990 §§ 5, 6, 2001; Ord. 348.2856, 1988; Ord. 348.2162, 1983; Ord. 348 § 8.93)

17.60.050 - Subdivision and development plan requirements.

Before any structure is erected or use established in the R-4 zone, there shall be a subdivision map recorded and a development plan approved as set forth in section 17.60.060.

(Ord. 348, § 8.94)

A.

A subdivision conforming to the standards and conditions of county Ordinance No. 460, as presently worded or hereafter amended, not inconsistent with specific provisions of this section shall be recorded. All lots not to be used for residential purposes shall be given a lot letter instead of a lot number.

B.

A development plan conforming to the requirements of this chapter and containing the following minimum information shall be approved by the planning commission.

1.

Location of each existing and each proposed structure in the development area, the use or uses to be contained therein. Typical plans indicating use on a lot may be used;

2.

Location of all pedestrian walks, malls, recreation and other open areas for the use of occupants and members of the public;

3.

Location and height of all walls, fences and screen planting, including a plan for the landscaping of the development, types of surfacing, such as paving, turfing, or other landscaping to be used at various locations;

4.

Plans and elevations of typical structures to indicate architectural type and construction standards.

C.

Documents setting forth the method of conveying title, the type of estate to be granted, the method of maintaining the open areas and service areas, and the conditions of use of the open or recreation areas shall be submitted to and approved by the planning commission. The following minimum standards shall be maintained:

1.

The right to use recreational facilities and service areas shall be appurtenant to ownership of residential lots within the development, or shall be made a covenant to run with the land.

2.

Provisions shall be made for maintenance of the common and service areas by a corporation, partnership, trust or other legal entity having the right to assess the individual lot owners.

(Ord. 348, § 8.95)

Multiple-family dwellings may be erected subject to the following standards and conditions.

A.

The use shall comply with all provisions of the R-3 zone.

B.

A plot plan has first been approved pursuant to the provisions of Chapter 17.216. The plot plan shall contain the following information:

1.

Location of each existing and proposed structure in the development area and the use or uses to be contained therein;

2.

Location of all pedestrian walks, malls and recreation areas;

3.

Location and height of all walls, fences and screen planting, including a plan for the landscaping and surfacing of the development;

4.

Plans and elevations of typical structures to indicate architectural type and construction standards.

(Ord. 34.2414, 1984; Ord. 348.2160, 1983; Ord. 348.2140, 1982; Ord. 348.2074, 1982; Ord. 348.1481, 1975; Ord. 348.1201, 1973; Ord. 348.251, 1964; Ord. 348 § 8.96)

Chapter 17.64 - R-5 OPEN AREA COMBINING ZONE, RESIDENTIAL DEVELOPMENTS

Sections:

17.64.010 - Uses permitted.

A.

The following uses are permitted provided a plot plan has been approved pursuant to the provisions of Chapter 17.216:

1.

Golf courses and appurtenant facilities, including clubhouses. A clubhouse is permitted to have customary retail shop and restaurant facilities;

2.

Noncommercial community association recreation and assembly buildings and facilities;

3.

Lakes, including noncommercial fishing therefrom;

4.

Picnic grounds;

5.

Parking lots, only for above-listed permitted uses, pursuant to the provisions of Chapter 17.188, except that not less than five percent of the interior of such parking lots shall have distributed landscaping in addition to the landscaping requirements of Chapter 17.188;

6.

Water wells and appurtenant facilities;

7.

On-site identification signs, maximum size: ten (10) square feet;

8.

Cemetery, pet or human.

9.

Child day care center.

B.

The following uses are permitted provided a conditional use permit has been granted:

1.

Riding academies and stables.

C.

The following uses are permitted provided a public use permit has been granted pursuant to the provisions of Section 18.29 of this ordinance:

1.

Churches, temples and other places of religious worship.

D.

Any use that is not specifically listed in Subsections A., B. and C. may be considered a permitted or conditionally permitted use provided that the planning director finds that the proposed use is substantially the same in character and intensity as those listed in the designated subsections. Such a use is subject to the permit process which governs the category in which it falls.

(Ord. 348.3888 § 8, 1999; Ord. 348.3883, 9-10-1999; Ord. 348.3881, 1999; Ord. 348 § 8.100)

(Ord. No. 348.4596, § 18, 2-10-1999; Ord. 348.4713, § 10, 11-9-2010)

17.64.020 - Development standards.

A.

Lot Area. This zone is to be applied to those areas within subdivisions and other residential developments that provide open space and recreational area and facilities for the project. Therefore, no minimum lot size is established for the zone.

B.

Yards. Whenever a building is to be constructed on a lot in this zone, it shall have a front yard, side yard and rear yard, each of which shall be not less than fifty (50) feet. If more than one building is constructed on one lot, there shall be not less than twenty (20) feet separation between the buildings. No structural encroachments shall be permitted in the front, side, or rear yard except as provided for in section 17.172.140.

C.

Trash Areas. All trash collection areas shall be enclosed with a solid fence or wall no less than six feet high.

D.

Automobile storage space shall be provided as required by Chapter 17.188.

E.

All buildings and structures shall not exceed fifty (50) feet in height, unless a height up to seventy-five (75) feet is specifically permitted under the provisions of section 17.172.220.

(Ord. 348.3881, 1999; Ord. 348.2510, 1985; Ord. 348.1481, 1975; Ord. 348.1327, 1974; Ord. 348.912, 1971; Ord. 348 § 8.101)

Chapter 17.67 - SP ZONE REQUIREMENTS AND STANDARDS FOR SPECIFIC PLAN NO. 251

Sections:

A.

The uses permitted in Planning Areas 1, 2 and 4 of Specific Plan No. 251, shall be the same as those uses permitted in Article VII, Section 7.1 of Ordinance No. 348 except that the uses permitted pursuant to Sections 7.1(a) (2), (3), (4), (10), (11) and (12); 7.1(b)(1), (2), (5), (7) and (9); and 7.1(c) shall not be permitted.

B.

The development standards for Planning Areas 1, 2 and 4 of Specific Plan No. 251 shall be the same as those standards identified in Article VII, Sections 7.2 through 7.11 of Ordinance No. 348, except that the development standards set forth in Article VII, Sections 7.3, 7.4, 7.5, 7.6, 7.7 and 7.11 shall be deleted and replaced by the following:

1.

The minimum lot area shall be not less than four thousand (4,000) square feet. The minimum lot area shall be determined by excluding that portion of a lot that is used solely for access to the portion of a lot used as a building site.

The front yard as measured to a street-facing garage door shall be not less than twenty (20) feet, measured from the existing street line or from any future street line as shown on any specific plan of highways, whichever is nearer the proposed garage door.

3.

The front yard as measured to all other portions of the first story of a structure, which includes a side entry garage, shall be not less than ten (10) feet, measured from the existing street line or from any future street line as shown on any specific plan of highways, whichever is nearer the proposed structure.

4.

The front yard setback as measured to porches, patios, covered entries or second story cantilevered elements shall be not less than seven feet measured from the existing street line or from any future street line as shown on any specific plan of highways, whichever is nearer the proposed structure.

5.

Side yards on interior and through lots shall be not less than four feet, with a minimum separation of eight feet between structures on adjoining properties. Side yard setbacks on corner or reverse corner lots shall not be less than ten (10) feet from the existing street line or any future street line as shown on any specific plan of highways, whichever is nearer the proposed structure upon which the main building sides.

6.

Chimneys, fireplaces, media niches, bay windows or similar architectural features may encroach two feet into a five-foot side yard setback and also may encroach one foot into a four-foot side yard setback, provided that a three foot minimum clearance shall be maintained on one side yard of a non two-pack lot. For the purposes of any two-pack lot, one side yard setback shall be a minimum of five feet with no architectural feature encroachments being allowed so as to permit adequate access to the rear yard. An air conditioning unit not affixed to a dwelling shall only be permitted to encroach into the side yard setback to the same extent as noted herein for architectural features.

7.

The rear yard shall not be less than fifteen (15) feet, except that where a garage is located in the rear yard, then the rear yard shall not be less than three feet. In addition, the rear yard shall not be less than ten (10) feet when measured from the second story of a structure.

8.

Chimneys, fireplaces, media niches, bay windows or similar architectural features may encroach two feet into the required rear setback. For a rear yard in which no garage is located, patio covers may encroach ten (10) feet into the rear yard. Air conditioning units not affixed to a dwelling shall be permitted to encroach five feet into the rear yard. No other structural encroachments shall be permitted in the front, side or rear yard except as provided for in Section 18.19 of Ordinance No. 348.

In addition, the following standards shall apply:

a.

In no case shall more than sixty (60) percent of any lot be covered by buildings or structures for lots with multiple story dwelling units. Additionally, in no case shall more than seventy (70) percent of any lot be covered by buildings or structures for lots with single story dwelling units.

b.

Each lot shall have a minimum net useable area of three thousand five hundred (3,500) square feet. For purposes of this section, minimum useable area shall be defined as lot area exclusive of any manufactured slopes.

c.

The minimum average width of a lot shall be thirty-five (35) feet with a minimum average depth of seventyfive (75) feet. "Flag" lots shall not be permitted.

d.

The minimum frontage of a lot shall be thirty-five (35) feet, except that lots fronting on knuckles or cul-desac may have a minimum frontage of thirty (30) feet. Lot frontage along curvilinear streets may be measured at the building setback in accordance with zone development standards.

C.

Except as provided above, all other zoning requirements shall be the same as those requirements identified in Article VII of Ordinance No. 348.

(Ord. 348.4465 § 1 (part), 2007)

A.

The uses permitted in Planning Area 3 of Specific Plan No. 251 shall be the same as those uses permitted in Article VII, Section 7.1 of Ordinance No. 348 except that the uses permitted pursuant to Sections 7.1(a) (2), (3), (4), (10), (11) and (12); 7.1(b)(1), (2), (5), (7) and (9); and 7.1(c) shall not be permitted.

B.

The development standards for Planning Area 3 of Specific Plan No. 251 shall be the same as those standards identified in Article VII, Sections 7.2 through 7.11 of Ordinance No. 348, except that the development standards set forth in Article VII, Sections 7.3, 7.4, 7.5, 7.6, 7.7 and 7.11 shall be deleted and replaced by the following:

1.

The minimum lot area shall be not less than four thousand five hundred (4,500) square feet. The minimum lot area shall be determined by excluding that portion of a lot that is used solely for access to the portion of a lot used as a building site.

2.

The front yard as measured to a street-facing garage door shall be not less than twenty (20) feet, measured from the existing street line or from any future street line as shown on any specific plan of highways, whichever is nearer the proposed garage door.

3.

The front yard as measured to all other portions of the first story of a structure, which includes a side entry garage, shall be not less than ten (10) feet, measured from the existing street line or from any future street line as shown on any specific plan of highways, whichever is nearer the proposed structure.

4.

The front yard setback as measured to porches, patios, covered entries or second story cantilevered elements shall be not less than seven feet measured from the existing street line or from any future street line as shown on any specific plan of highways, whichever is nearer the proposed structure.

5.

Side yards on interior and through lots shall be not less than four feet, with a minimum separation of eight feet between structures on adjoining properties. Side yard setbacks on corner or reverse corner lots shall not be less than ten (10) feet from the existing street line or any future street line as shown on any specific plan of highways, whichever is nearer the proposed structure upon which the main building sides.

6.

Chimneys, fireplaces, media niches, bay windows or similar architectural features may encroach two feet into a five-foot side yard setback and also may encroach one foot into a four-foot side yard setback, provided that a three-foot minimum clearance shall be maintained on one side yard of a non two-pack lot. For the purposes of any two-pack lot, one side yard setback shall be a minimum of five feet with no architectural feature encroachments being allowed so as to permit adequate access to the rear yard. An air conditioning unit not affixed to a dwelling shall only be permitted to encroach into the side yard setback to the same extent as noted herein for architectural features.

7.

The rear yard shall not be less than fifteen (15) feet except that where a garage is located in the rear yard, then the rear yard shall not be less than three feet. In addition, the rear yard shall not be less than ten (10) feet when measured from the second story of a structure.

8.

Chimneys, fireplaces, media niches, bay windows or similar architectural features may encroach two feet into the required rear setback. For a rear yard in which no garage is located, patio covers may encroach ten (10) feet into the rear yard. Air conditioning units not affixed to a dwelling shall be permitted to encroach five feet into the rear yard. No other structural encroachments shall be permitted in the front, side or rear yard except as provided for in Section 18.19 of Ordinance No. 348.

In addition, the following standards shall apply:

a.

In no case shall more than sixty (60) percent of any lot be covered by buildings or structures for lots with multiple story dwelling units. Additionally, in no case shall more than seventy (70) percent of any lot be covered by buildings or structures for lots with single story dwelling units.

b.

Each lot shall have a minimum net useable area of four thousand (4,000) square feet. For purposes of this section, minimum useable area shall be defined as lot area exclusive of any manufactured slopes.

c.

The minimum average width of a lot shall be forty (40) feet with a minimum average depth of eighty (80) feet. "Flag" lots shall not be permitted.

d.

The minimum frontage of a lot shall be forty (40) feet, except that lots fronting on knuckles or cul-de-sac may have a minimum frontage of thirty-five (35) feet. Lot frontage along curvilinear streets may be measured at the building setback in accordance with zone development standards.

C.

Except as provided above, all other zoning requirements shall be the same as those requirements identified in Article VII of Ordinance No. 348.

(Ord. 348.4465 § 1 (part), 2007)

A.

The uses permitted in Planning Areas 5 and 7 of Specific Plan No. 251, shall be the same as those uses permitted in Article VIIIe, Section 8.100 of Ordinance No. 348 except that the uses permitted pursuant to Section 8.100(a)(1) shall not be permitted. In addition, the permitted uses identified under Section 8.100(a) shall also include parks.

B.

The development standards for Planning Areas 5 and 7 of Specific Plan No. 251 shall be the same as those standards identified in Article VIIIe, Section 8.101 of Ordinance No. 348.

C.

Except as provided above, all other zoning requirements shall be the same as those requirements identified in Article VIIIe of Ordinance No. 348.

(Ord. 348.4465 § 1 (part), 2007)

A.

The uses permitted in Planning Area 6 of Specific Plan No. 251 shall be the same as those uses permitted in Article VIIIe, Section 8.100 of Ordinance No. 348 except that the uses permitted pursuant to Sections 8.100(a)(1), 2, 3, 5 and 6; and 8.100(b)(1) shall not be permitted. In addition, the permitted uses identified under Section 8.100(a) shall include natural open space.

B.

The development standards for Planning Area 6 of Specific Plan No. 251 shall be the same as those standards identified in Article VIIIe, Section 8.101 of Ordinance No. 348.

C.

Except as provided above, all other zoning requirements shall be the same as those requirements identified in Article VIIIe of Ordinance No. 348.

(Ord. 348.4465 § 1 (part), 2007)

Chapter 17.68 - R-6 RESIDENTIAL INCENTIVE ZONE

Sections:

The housing element of the Riverside County general plan has identified the need for affordable housing as one of the most significant housing problems in the county of Riverside. It is the intent of the board of supervisors in enacting the R-6 zone to establish a specialized zone that will, through incentives and consideration of a specific housing proposal in connection with a proposed zone change, facilitate construction of affordable housing. Pursuant to the housing element, the density of a project shall be determined by the physical and service constraints of the parcel being considered, during the hearing process, and may exceed the density permitted for standard projects by the land use element.

The board finds and determines and declares that it is its intent that the R-6 zone be used and applied in areas where basic services such as water, sewer, other utilities and adequate road circulation already exist or can be reasonably extended. The board further determines that the R-6 zone shall be applied to a specific geographic area only in conjunction with an approved plan for development, including any necessary land division maps, plot plans or other approvals, as required by the county, and that applications for the R-6 zone and related projects are to receive priority processing by all county departments involved in the review and issuance of permits for the development.

The board further determines that when the R-6 zone is applied to a specific area, it shall be used only for the construction of the project approved in connection with the granting of the zone classification, or for a project that is thereafter specifically approved by the board as an affordable housing project to replace the previously approved project. This requirement shall not prohibit the county from allowing nonsubstantial

changes in an approved development plan that become necessary in the actual engineering of a project; provided, that such changes shall not increase the density of an approved project.

(Ord. 348, § 8.201)

A.

The following use shall be permitted in the R-6 zone: One-family dwellings, including mobile homes on permanent foundations.

B.

The following uses are permitted provided a plot plan has been approved in accordance with the provisions of this article:

1.

Two-family dwellings and multiple family dwellings.

2.

Planned residential development.

3.

Apartment houses.

4.

Accessory buildings, provided there is a main building on the lot.

5.

Home occupations.

6.

Temporary real estate offices located within a subdivision, to be used only for and during the original sale of the subdivision.

7.

Community recreation facilities as a part of a development.

8.

Child day care center.

C.

The following uses are permitted provided a public use permit has been approved pursuant to Chapter 18.29 of this ordinance: churches, temples and other places of religious worship.

D.

The following use is permitted provided a conditional use permit has been approved pursuant to Chapter 18.28 of this ordinance: mobile home parks developed pursuant to Chapter 19.92 of this ordinance.

(Ord. 348.3888 § 9.1949; Ord. 348.3883, 9-10-1999; Ord. 348.2140, 1982; Ord. 348 § 8.202)

(Ord. 348.4596, §§ 19, 20, 2-10-2009; Ord. 348.4713, § 11, 11-9-2010; Ord. No. 348.4950, § 9, 3-2-2021)

17.68.030 - Basic requirements for sales units.

All developments shall comply with one of the following requirements in subsection A, B or C and with subsection D of this section:

A.

The average selling price of the dwelling units shall not exceed eighty (80) percent of the average home sales price in a market area. The market area and average home sales price shall be determined by the board of supervisors; or

B.

The selling price of twenty-five (25) percent of the dwelling units shall be at an amount affordable to families earning no greater than one hundred twenty (120) percent of the county median income, as determined by the board of supervisors, or

C.

The selling price of fifteen (15) percent of the dwelling units shall be at an amount affordable to families earning no greater than eighty (80) percent of the county median income, as determined by the board of supervisors.

D.

If a development is benefitted, directly or indirectly, through the use of governmental funds for site acquisition, extension of basic services or roads, or other expenditures that assist the development, the sales price determined pursuant to subsection A, B or C of this section may be reduced by the board of supervisors.

(Ord. 348.2140, 1982; Ord. 348 § 8.203)

The following standards of development shall apply in the R-6 zone:

A.

The allowable density of a project will be determined by the physical and service constraints of the property and the area in which the property is located; however, the density of each approved development must exceed four units per gross acre.

B.

The minimum lot area for single-family detached developments shall be five thousand (5,000) square feet.

C.

Lots shall have a minimum frontage of thirty (30) feet except that minimum frontage may be reduced on knuckles and culs-de-sac or as part of an approved zero lot line attached unit housing project.

D.

A minimum of thirty (30) percent of each lot's net area in a single-family development shall be designed for usable open space. "Usable open space" is defined as those portions of the site not encumbered by a structure. The "net lot area" is defined as the total area contained within the property lines. Side yard setbacks shall be approved as part of the design of the project. Setbacks for garages that open parallel with the access way shall not be less than twenty (20) feet.

E.

A minimum of twenty (20) percent of the net lot area for apartment developments shall be in usable open space. Minimum front and rear yard setbacks shall be ten (10) feet. Additional setbacks, including side yards, may be required depending on the height of the structure and adjacent land uses. All apartment projects shall contain at least four dwelling units. No application for conversion of an apartment building to condominiums or any other form of cooperative or units that may be sold individually, shall be accepted by the planning director, unless the matter has first been presented to and approved by the board of supervisors as being consistent with the intent and purpose of the original approval of the project to provide affordable housing.

F.

One-family residences shall not exceed thirty-five (35) feet in height. All other uses shall not exceed fifty (50) feet in height.

G.

One off-street parking space shall be required for each dwelling unit, notwithstanding the apartment building parking standards contained in Chapter 17.188. All single-family homes shall have two-car garages.

H.

Open space or recreational facilities proposed in a project shall be subject to approval of the county.

I.

Streets providing circulation within a develop-ment shall be constructed to a minimum width of thirty-six (36) feet within a fifty-six (56) foot right-of-way for major interior streets and a minimum width of thirty-two (32) feet of improvements within a fifty (50) foot right-of-way for minor interior streets and cul-de-sac streets. All improvements to be in accordance with the improvement standards of county Ordinance No. 461.

J.

Design standards, dedications and improvements will be in conformance with the requirements of county Ordinance Nos. 460 and 461, and as approved by the county road commissioner, for all streets other than interior streets.

(Ord. 348.2856, 1988; Ord. 348.2140, 1982; Ord. 348 § 8.204)

17.68.050 - Applications.

A.

Applications for the R-6 zone shall be filed only in conjunction with an application for a land division pursuant to county Ordinance No. 460, or an application for a plot plan pursuant to the provisions of this title. Notwithstanding the provisions of state law or county ordinance providing for different processing or time requirements for processing the various applications, an applicant, by filing an application for the R-6 zone, shall agree that the two or more applications shall be considered together and that approval of a land division or plot plan shall not be final until the zone change has been granted and shall not be used until the zone change has gone into effect.

B.

All applications shall include floor plans and elevations for each type of unit that is proposed to be constructed and such additional information related to design or market area as may be required by the planning director.

(Ord. 348.2140, 1982; Ord. 348 § 8.205)

A.

The market area for a project and a tentative sales price or median income determination shall be made by the board of supervisors during the processing of the applications for the project.

B.

The county, from time to time, by resolution of the board of supervisors, shall publish information relating to home sales price, market areas and median income in the county of Riverside, which information shall be available to prospective applicants prior to filing an application for a project.

C.

The final determination of the home sales price or median income for a specific project shall be made at the time of issuance of building permits for the project; provided, however, that amount shall not be less than the tentative amount determined during the processing of the applications. The determination shall be made by the board of supervisors upon the recommendation of the planning director, which shall be initiated by application of the developer coordinated with the request for building permits.

D.

At the time of recordation of the final map, a declaration of covenants, conditions and restrictions, approved by the county, shall be recorded that establish the affordability criteria for the development, including, but not limited to, structure size, type and reference to the method for fixing the sales price for units in the development.

E.

In the furtherance of the intent that the R-6 zone be used only for the construction of affordable housing, the declaration of covenants, conditions and restrictions shall prohibit the sale of lots without dwelling units sold on or constructed there on in conjunction with the sale of the lot; provided, however, this shall not prohibit the sale of an entire tract, or an approved unit thereof, for construction of the units by the purchaser thereof.

(Ord. 348.2140, 1982; Ord. 348 § 8.206)

Chapter 17.70 - R-7 ZONE (HIGHEST DENSITY RESIDENTIAL)[[2]]

Sections:

Footnotes:

--- ( 2 ) ---

Editor's note— Ord. No. 348.4950, § 10, adopted March 2, 2021, amended chapter 17.70 in its entirety to read as herein set out. Former chapter 17.70, §§ 17.70.010—17.70.040, pertained to similar subject matter, and derived from Ord. No. 348.4840, § 1, 12-6-2016.

The purpose of this article is to establish the highest density residential (R-7) zone. The intent of the R-7 zone is to implement the highest density residential land use designation of the general plan in an effort to accommodate the county's regional housing needs assessment (RHNA) allocation.

(Ord. No. 348.4950, § 10(8.301), 3-2-2021)

A.

The following uses shall be permitted in the R-7 zone:

One-family dwelling on an existing legal lot.

2.

Home occupations.

3.

Multiple family dwellings.

4.

Community gardens.

B.

The following uses shall be permitted provided a plot plan has been approved pursuant to the provisions of chapter 17.216 of this ordinance:

1.

Boarding, rooming and lodging houses.

2.

Child day care centers.

3.

Churches, temples and other places of religious worship.

4.

Libraries, museums and art galleries.

5.

Public and private parks and playgrounds.

C.

The following uses shall be permitted provided a conditional use permit has been approved pursuant to the provisions of chapter 17.200 of this ordinance:

1.

Mobile home parks.

D.

Any use not specifically listed in subsection B. or C. may be considered a permitted or conditionally permitted use provided that the planning director finds that the proposed use is substantially the same in character and intensity as those listed in the designated subsections. Such a use is subject to the permit process which governs the category in which it falls.

(Ord. No. 348.4950, § 10(8.302), 3-2-2021)

17.70.030 - Development standards in the R-7 zone.

A.

Lot size. There is no minimum lot size.

B.

Lot width. There is no minimum lot width.

C.

Lot depth. There is no minimum lot depth.

D.

Frontage. There is no minimum frontage.

E.

Height. The maximum height of any buildings or structures shall be no greater than seventy-five (75) feet.

F.

Screening. All roof-mounted equipment, excluding solar panels, shall be screened from the ground elevation view to a minimum sight distance of six hundred sixty (660) feet for residential buildings and one thousand three hundred twenty (1,320) feet for non-residential buildings.

G.

Lot coverage. There is no maximum lot coverage.

H.

Front setback. There is no front setback requirement, except for one-family dwellings or associated structure(s), which shall have a minimum front setback of no less than twenty-five (25) feet.

I.

Side setback. There is no side setback requirement, except for the following:

1.

One-family dwellings or associated structure(s) shall have a minimum side setback of no less than five feet.

For lots zoned R-7 that abut lots zoned R-R, R-A, R-1 and R-1-A, the minimum side setback shall be no less than five feet.

J.

Rear setback. There is no rear setback requirement, except for the following:

1.

One-family dwellings or associated structure(s) shall have a minimum rear setback of no less than fifteen (15) feet.

2.

For lots zoned R-7 that abut lots zoned R-R, R-A, R-1 and R-1-A, the minimum rear setback shall be no less than fifteen (15) feet.

K.

Open space.

1.

Any development with more than ten (10) multiple family dwelling units shall provide at least one hundred (100) square feet of common use area (CUA) for each unit above ten (10) units. A CUA is a recreational open space area, such as a park, sport field, pool, gym, or passive recreational area, associated with and located on the same lot or lots as the primary use. A reduction in this requirement may be applied pursuant to the following:

a.

A five percent reduction for developments that provide more than two hundred (200) dwelling units.

b.

A five percent reduction for developments that provide housing for very low, low or moderate income households, as defined in the Riverside County's General Plan Housing Element, with applicable affordability restrictions.

2.

Any development with multiple family dwelling units shall provide at least fifty (50) square feet of private open space (POA) per unit. A POA is a private usable open space area, such as a patio or balcony, which is not encumbered with structures and is attached to the primary dwelling unit.

L.

Site requirements.

1.

Refuse and recyclable material storage area. A refuse and recyclable material storage area shall be provided for any new development, or existing development that will add thirty (30) percent or more units or floor area. This area must be fully enclosed and have adequate separation from any habitable areas. This area shall be screened using landscape or architectural features.

2.

Encroachments. No setback or yard encroachments are permitted, except as provided in section 17.172.140 of this ordinance.

3.

Lighting. All onsite lighting shall be focused, directed, or arranged to prevent glare or direct illumination on adjacent residential uses.

4.

Parking. Off-street parking shall be provided pursuant to chapter 17.188 of this ordinance.

5.

Landscape. There is no minimum landscape area requirement.

(Ord. No. 348.4950, § 10(8.303), 3-2-2021)

A.

Phasing plan. For phased developments, a site development phasing plan shall be submitted with the land use application or design review application and include maps, exhibits and a description of the following: phasing for development and infrastructure, and the development of multi-modal transportation connectivity with the neighborhood and adjoining community areas.

B.

Design review. For multiple family dwellings, a site design plan shall be submitted to the Planning Director for review and shall include the following:

1.

Site plan with building footprint.

2.

Floor plans.

Landscape plan, as necessary.

4.

Wall and fencing plan.

5.

Elevation plan.

6.

Architectural design.

7.

Photometric plan, as necessary.

8.

Traffic analysis.

C.

Public review period. A thirty-day public review period shall be provided prior to the planning director considering the site design plan submitted for multiple family dwellings. Notice of the public review period shall be given in the same manner as provided in Section 18.26.c. subsections (2), (4), (5), (6) and (7) of this ordinance. The notice shall include the mailing address to send comments to, the dates for the public review period, location where the site design plan may be reviewed, and explain that the public may comment on the site design plan for the multiple family dwellings.

D.

Design approval. The above referenced site design plan shall be approved by the planning director if the site design plan is consistent with all of the following:

1.

The Riverside County General Plan;

2.

This ordinance;

3.

The countywide design guidelines;

4.

There is no specific, adverse impact upon the public health or safety. A specific adverse impact means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies or conditions as they existed on the date the application was deemed complete; or

5.

If there is a specific adverse impact upon the public health or safety, the development has been conditioned to develop at a lower density which removes the specific adverse impact.

E.

Approval period. An applicant of a site design plan shall obtain building permits within two years of the site design approval for any multiple family dwellings, pursuant to this section. The planning director may grant a request for a one-year extension of time of this requirement, if the request is submitted by the applicant at least six months prior to the expiration of the original time limit with the appropriate fee. If an extension is granted, the total time allowed for a site design plan approval shall not exceed three years.

(Ord. No. 348.4950, § 10(8.304), 3-2-2021)

Chapter 17.72 - C-1 AND C-P GENERAL COMMERCIAL ZONES

Sections:

17.72.010 - Uses permitted.

A.

The following uses are permitted, only in enclosed buildings with not more than two hundred (200) square feet of outside storage or display of materials appurtenant to such use, provided a plot plan shall have been approved pursuant to provisions of Chapter 17.216:

1.

Ambulance services;

2.

Antique shops;

3.

Appliance stores, household;

4.

Art supply shops and studios;

Auction houses;

6.

Auditoriums and conference rooms;

7.

Automobile repair garages, not including body and fender shops or spray painting;

8.

Automobile parts and supply stores;

9.

Bakery goods distributors;

10.

Bakery shops, including baking only when incidental to retail sales on the premises;

Banks and financial institutions;

12.

Barber and beauty shops;

13.

Bars and cocktail lounges;

14.

Billiard and pool halls;

15.

Blueprint and duplicating services;

16.

Book stores and binders;

17.

Bowling alleys;

Catering services;

Cleaning and dyeing shops;

Clothing stores;

Confectionery or candy stores;

Costume design studios; 23.

Dance halls; 24.

Delicatessens; 25.

Department stores; 26.

Drug stores; 27.

Dry goods stores; 28.

Employment agencies; 29.

Escort bureaus;

Feed and grain sales;

Florists shops;

Food markets and frozen food lockers;

33.

Gasoline service stations, not including the concurrent sale of beer and wine for off-premises consumption;

Gift shops;

35.

Hotels, resort hotels and motels;

36.

Household goods sales, including, but not limited to, new and used appliances, furniture, carpets, draperies, lamps, radios, and television sets, including repair thereof;

37.

Hobby shops;

Ice cream shops;

39.

Ice sales, not including ice plants;

40.

Interior decorating shops;

41.

Jewelry stores, including incidental repairs;

42.

Labor temples;

43.

Laboratories, film, dental, medical, research or testing;

44.

Laundries and laundromats;

Leather goods stores;

Deleted;

Locksmith shops;

Mail order businesses;

Manufacturer's agent;

Market, food, wholesale or jobber;

Massage parlors, Turkish baths, health centers and similar personal service establishments;

Meat markets, not including slaughtering;

Mimeographing and addressograph services;

Mortuaries;

Music stores;

News stores;

Notions or novelty stores;

Offices, including business, law, medical, dental, chiropractic, architectural, engineering, community planning, real estate;

59.

One on-site operator's residence, which may be located in a commercial building;

60.

Paint and wallpaper stores, not including paint contractors;

Pawn shops;

62.

Pet shops and pet supply shops;

63.

Photography shops and studios and photo engraving;

64.

Plumbing shops, not including plumbing contractors;

65.

Poultry markets, not including slaughtering or live sales;

66.

Printers or publishers;

67.

Produce markets;

68.

Radio and television broadcasting studios;

69.

Recording studios;

70.

Refreshment stands;

Restaurants and other eating establishments;

72.

Schools, business and professional, including art, barber, beauty, dance, drama, music and swimming;

Shoe stores and repair shops;

74.

Shoeshine stands;

Signs, on-site advertising;

Sporting goods stores;

Stained glass assembly;

Stationer stores;

Stations, bus, railroad and taxi;

Taxidermist;

Tailor shops;

Telephone exchanges;

Theaters, not including drive-ins;

Tire sales and service, not including recapping;

Tobacco shops;

86.

Tourist information centers;

87.

Toy shops;

88.

Travel agencies;

89.

Typewriter sales and rental, including incidental repairs;

Watch repair shops;

91.

Wholesale businesses with samples on the premises but not including storage;

92.

Car washes;

93.

Fortune telling, spiritualism, or similar activity;

94.

Recycling collection facilities;

95.

Convenience stores, not including the sale of motor vehicle fuel;

96.

Day care centers;

97.

Deleted;

B.

The following uses are permitted, together with outside storage and display of materials appurtenant to such use, provided a plot plan has been approved pursuant to the provisions of Chapter 17.216:

1.

Repealed;

2.

Bicycle sales and rentals;

3.

Boat and other marine sales;

4.

Ceramic sales and manufacturing for on-site sales, provided the total volume of kiln space does not exceed sixteen (16) cubic feet;

5.

Electrical substations;

6.

Equipment rental services, including rototillers, power mowers, sanders, power saws, cement and plaster mixers not exceeding ten (10) cubic feet in capacity and other similar equipment;

7.

Fishing and casting pools;

8.

Golf cart sales and service;

9.

Hardware stores, including not more than one thousand (1,000) square feet of outside storage lumber;

10.

Liquid petroleum service stations, not including the concurrent sale of beer and wine, provided the total capacity of all tanks shall not exceed ten thousand (10,000) gallons;

11.

Mobilehomes, provided they are kept mobile and licensed pursuant to state law, used for:

a.

Sales offices on mobilehome sales lots,

b.

Construction offices and caretaker's quarters on construction sites for the duration of a valid building permit, provided they are inconspicuously located,

c.

Caretakers or watchmen and their families, provided no rent is paid, where a permitted and existing commercial use is established. Not more than one mobilehome shall be allowed for a parcel of land or a shopping center complex;

12.

Mobilehome sales and storage, trailer sales and rental house trailers;

13.

Nurseries and garden supply stores;

14.

Parking lots and parking structures;

15.

Sports and recreational facilities, not including motor driven vehicles and riding academies, but including archery ranges, athletic playgrounds, sports arenas, skating rinks, stadiums, and commercial swimming pools;

16.

Churches, temples and other places of religious worship;

Deleted;

Trailer and boat storage;

19.

Trucks and trailers; the rental of trucks not over nineteen thousand five hundred (19,500) pounds gross vehicle weight, with body not to exceed twenty-two (22) feet in length from the back of the cab to the end of body; and the rental of trailers not exceeding six feet in width or twenty-two (22) feet in length;

Truck sales and service.

C.

Deleted.

D.

The following uses are permitted provided a conditional use permit has been granted pursuant to the provisions of Chapter 17.200:

1.

Sale, rental, repair, or demonstration of motorcycles, scooters and motorbikes;

2.

Drive-in theaters;

3.

Heliports;

4.

Tire recapping;

5.

Animal hospitals;

6.

Body and fender shops and spray painting;

7.

Swap meets;

8.

All uses permitted in subsection A of this section that have more than two hundred (200) square feet of outside storage or display of materials;

9.

Mini-warehouse structures;

10.

Lumber yards, including only incidental mill work;

Building materials sales yards;

Underground bulk fuel storage;

13.

Congregate care residential facilities;

14.

Convenience stores, including the sale of motor vehicle fuel;

15.

Gasoline service stations with the concurrent sale of Alcoholic Beverages for off-premises consumption.

16.

Liquid petroleum service stations with the concurrent sale of Alcoholic Beverages for off-premises consumption, provided the total capacity of all tanks shall not exceed 10,000 gallons.

17.

Liquor stores pursuant to the provisions of Chapter 17.248;

Automobile sales and rental agencies.

Solar power plant on a lot ten (10) acres or larger.

20.

Parolee-probationer home developed in accordance with the standards set forth in Section 18.52 of this ordinance.

E.

The uses listed in subsections A, B and C of this section do not include sex-oriented businesses.

F.

Accessory Uses. An accessory use to a permitted use is allowed provided the accessory use is incidental to, and does not alter the character of, the principal permitted use, including, but not limited to:

Limited manufacturing, fabricating, processing, packaging, treating and incidental storage related thereto, provided any such activity shall be in the same line of merchandise or service as the trade or service business conducted on the premises and provided any such activity does not exceed any of the following restrictions:

a.

The maximum gross floor area of the building permitted to be devoted to such accessory use shall be twenty-five (25) percent.

b.

The maximum total horsepower of all electric motors used in connection with such accessory use shall be five horsepower.

c.

The accessory use shall be so conducted that noise, vibration, dust, odor, and all other objectionable factors shall be reduced to the extent that there will be no annoyance to persons outside the premises. Such accessory use shall be located not nearer than fifty (50) feet to any residential zone.

d.

Accessory uses shall be conducted wholly within a completely enclosed building.

G.

Industrial hemp activities are permitted or conditionally permitted in subsection A., B., or D. in section 17.72.010 pursuant to the provisions set forth in chapter 17.306 of this ordinance including, but not limited to, permit processing, location, standards and approval requirements.

H.

Any use that is not specifically listed in subsections A, B, and D of this section may be considered a permitted or conditionally permitted use provided that the planning director finds that the proposed use is substantially the same in character and intensity as those listed in the designated subsections. Such a use is subject to the permit process which governs the category in which it falls.

(Ord. 348.3955 §§ 1 (part), 2, 2000; Ord. 348.3888 § 10, 1999; Ord. 348.3793, 1997; Ord. 348.3584, 1994; Ord. 348.3217, 1990; Ord. 348.3078, 1989; Ord. 348.3053, 1989; Ord. 348.3047, 1989; Ord. 348.3023, 1989; Ord. 348.2856, 1988; Ord. 348.2535, 1985; Ord. 348.2510, 1985; Ord. 3482.2496, 1985; Ord. 348 § 9.1)

(Ord. 348.4705, § 1, 11-8-2011; Ord. 348.4744, § 1, 6-19-2012; Ord. No. 348.4931, § 3, 11-10-2020; Ord. No. 348.5028, §§ 4, 5, 3-11-2025)

Planned commercial developments are permitted provided a land division is approved pursuant to the provision of Ordinance No. 460.

(Ord. 348, § 9.2)

The following standards of development are required in the C-1 and C-P zones:

A.

There is no minimum lot area requirement, unless specifically required by zone classification for a particular area.

B.

There are no yard requirements for buildings which do not exceed thirty-five (35) feet in height except as required for specific plans. Any portion of a building which exceeds thirty-five (35) feet in height shall be set back from the front, rear and side lot lines not less than two feet for each foot by which the height exceeds thirty-five (35) feet. The front setback shall be measured from the existing street line unless a specific plan has been adopted in which case it will be measured from the specific plan street line. The rear setback shall be measured from the existing rear lot line or from any recorded alley or easement; if the rear line adjoins a street, the rear setback requirement shall be the same as required for a front setback. Each side setback shall be measured from the side lot line, or from an existing adjacent street line unless a specific plan has been adopted, in which case it will be measured from the specific plan street line.

C.

No building or structure shall exceed fifty (50) feet in height, unless a greater height is approved pursuant to section 17.172.230. In no event, however, shall a building or structure exceed seventy-five (75) feet in height, unless a variance is approved pursuant to Chapter 17.196.

D.

Automobile storage space shall be provided as required by Chapter 17.188.

E.

All roof-mounted mechanical equipment shall be screened from the ground elevation view to a minimum sight distance of one thousand three hundred twenty (1,320) feet.

(Ord. 348.3990 §§ 7, 8, 2001; Ord. 348.3793, 1997; Ord. 348.3584, 1994; Ord. 348.3053, 1989; Ord. 348.3047, 1989; Ord. 348.3023, 1989; Ord. 348.2856, 1988; Ord. 348.2591, 1986; Ord. 348.1926, 1981; Ord. 348.1879, 1980; Ord. 348.1688, 1979; Ord. 348.1664, 1978; Ord. 348.1647, 1978; Ord. 348.1564, 1977; Ord. 348.1481, 1975; Ord. 348.1476, 1975; Ord. 348.1470, 1975; Ord. 348.1349, 1974; Ord. 348.1201, 1973; Ord. 348.1091, 1972; Ord. 348.1070, 1972; Ord. 348.1023, 1972; Ord. 348.422, 1966; Ord, 348.401, 1965; Ord. 348.251, 1964; Ord. 348 § 9.4)

Chapter 17.73 - SP ZONE REQUIREMENTS AND STANDARDS FOR SPECIFIC PLAN NO. 260[[3]]

Sections:

Footnotes:

--- ( 3 ) ---

Editor's note— Ord. No. 348.4925, § 2, adopted March 17, 2020, amended chapter 17.73 in its entirety to read as herein set out. Former chapter 17.73, §§ 17.73.010—17.73.180, pertained to similar subject matter. See Code Comparative Table for complete derivation.

(1)

The uses permitted in Planning Area 24 of Specific Plan No. 260 shall be the same as those uses permitted in Article VI, Section 6.1 of Ordinance No. 348, except that the uses permitted pursuant to Section 6.1.b.(1) and (3) shall not be permitted.

(2)

The development standards for Planning Area 24 of Specific Plan No. 260 shall be the same as those standards identified in Article VI, Section 6.2 of Ordinance No. 348, except that the development standards set forth in Article VI, Section 6.2.b., c., d., e. (1), (2), and (4) shall be deleted and replaced by the following:

A.

Lot area shall be not less than five thousand (5,000) square feet. The minimum lot area shall be determined by excluding that portion of a lot that is used solely for access to the portion of a lot used as a building site.

B.

The minimum average width of that portion of a lot to be used as a building site shall be fifty (50) feet with a minimum average depth of eighty (80) feet. That portion of a lot used for access on "flag" lots shall have a minimum width of twenty (20) feet.

C.

The minimum frontage of a lot shall be forty-five (45) feet, except that lots fronting on knuckles or cul-desacs may have a minimum frontage of thirty-five (35) feet. Lot frontage along curvilinear streets may be measured at the building setback in accordance with zone development standards.

D.

The front yard for living areas and porches shall be not less than twelve (12) feet measured from the existing street line or from any future street line as shown on any specific plan of highways, whichever is nearer the proposed structure. The face of the garage shall be setback eighteen (18) feet. In a side-entry garage condition, the front yard shall not be less than ten (10) feet.

E.

Side yards on interior and through lots shall be not less than four feet in width. Side yards on corner and reversed corner lots shall be not less than nine feet from the existing street line or from any future street line as shown on any specific plan of highways, whichever is nearer the proposed structure, upon which the main building sides, except that where the lot is less than fifty (50) feet wide, the yard need not exceed twenty (20) percent of the width of the lot.

F.

Chimneys, air conditioning units, and fireplaces shall be allowed to encroach into side yards (on the nongated side) and rear yards a maximum of two feet. No other structural encroachments shall be permitted in the front, rear or side yard except as provided for in Section 18.19 of Ordinance No. 348.

In addition, the following standard shall also apply:

AA.

In no case shall more than fifty (50) percent of any lot be covered by buildings for lots with one-story buildings and in no case shall more than forty-five (45) percent of any lot be covered by buildings for lots with two-story buildings.

(3)

Except as provided above, all other zoning requirements shall be the same as those requirements identified in Article VI of Ordinance No. 348.

(Ord. No. 348.4925, § 2a., 3-17-2020)

(1)

The uses permitted in Planning Area 25 of Specific Plan No. 260 shall be the same as those uses permitted in Article VI, Section 6.1 of Ordinance No. 348, except that the uses permitted pursuant to Section 6.1.b.(1) and (3) shall not be permitted.

(2)

The development standards for Planning Areas 25 of Specific Plan No. 260 shall be the same as those standards identified in Article VI, Section 6.2 of Ordinance No. 348, except that the development standards set forth in Article VI, Section 6.2.b., c., d., e.(1), (2), and (4) shall be deleted and replaced by the following:

A.

Lot area shall be not less than three thousand five hundred (3,500) square feet. The minimum lot area shall be determined by excluding that portion of a lot that is used solely for access to the portion of a lot used as a building site.

B.

The minimum average width of that portion of a lot to be used as a building site shall be forty (40) feet with a minimum average depth of seventy-five (75) feet. That portion of a lot used for access on "flag" lots shall have a minimum width of twenty (20) feet.

C.

The minimum frontage of a lot shall be forty (40) feet, except that lots fronting on knuckles or cul-de-sacs may have a minimum frontage of thirty-five (35) feet. Lot frontage along curvilinear streets may be measured at the building setback in accordance with zone development standards.

D.

The front yard for living areas and porches shall be not less than twelve (12) feet measured from the existing street line or from any future street line as shown on any specific plan of highways, whichever is nearer the proposed structure. The face of the garage shall be setback eighteen (18) feet. In a side-entry garage condition, the front yard shall not be less than ten (10) feet.

E.

Side yards on interior and through lots shall be not less than four feet in width. Side yards on corner and reversed corner lots shall be not less than nine feet from the existing street line or from any future street line as shown on any specific plan of highways, whichever is nearer the proposed structure, upon which the main building sides, except that where the lot is less than forty (40) feet wide, the yard need not exceed ten (10) percent of the width of the lot.

F.

Chimneys, air conditioning units, and fireplaces shall be allowed to encroach into side yards (on the nongated side) and rear yards, a maximum of two feet. No other structural encroachments shall be permitted in the front, rear or side yard except as provided for in Section 18.19 of Ordinance No. 348.

In addition, the following standard shall also apply:

AA.

In no case shall more than sixty-five (65) percent of any lot be covered by buildings for lots with one-story buildings and in no case shall more than sixty (60) percent of any lot be covered by buildings for lots with two-story buildings.

(3)

Except as provided above, all other zoning requirements shall be the same as those requirements identified in Article VI of Ordinance No. 348.

(Ord. No. 348.4925, § 2b., 3-17-2020)

(1)

The uses permitted in Planning Areas 26 and 28 of Specific Plan No. 260 shall be the same as those uses permitted in Article VI, Section 6.1 of Ordinance No. 348, except that the uses permitted pursuant to Section 6.1.b.(1) and (3) shall not be permitted.

(2)

The development standards for Planning Areas 26 and 28 of Specific Plan No. 260 shall be the same as those standards identified in Article VI, Section 6.2 of Ordinance No. 348, except that the development standards set forth in Article VI, Section 6.2.b., c., d., e.(1), (2) and (4) shall be deleted and replaced by the following:

A.

Lot area shall be not less than six thousand (6,000) square feet. The minimum lot area shall be determined by excluding that portion of a lot that is used solely for access to the portion of a lot used as a building site.

B.

The minimum average width of that portion of a lot to be used as a building site shall be fifty (50) feet with a minimum average depth of one hundred (100) feet. That portion of a lot used for access on "flag" lots shall have a minimum width of twenty (20) feet.

C.

The minimum frontage of a lot shall be fifty (50) feet, except that lots fronting on knuckles or cul-de-sacs may have a minimum frontage of thirty-five (35) feet. Lot frontage along curvilinear streets may be measured at the building setback in accordance with zone development standards.

D.

The front yard for living areas and porches shall be not less than twelve (12) feet measured from the existing street line or from any future street line as shown on any specific plan of highways, whichever is nearer the proposed structure. The face of the garage shall be setback eighteen (18) feet. In a side-entry garage condition, the front yard shall not be less than ten (10) feet.

E.

Side yards on interior and through lots shall be not less than four feet in width. Side yards on corner and reversed corner lots shall be not less than nine feet from the existing street line or from any future street line as shown on any specific plan of highways, whichever is nearer the proposed structure, upon which the main building sides, except that where the lot is less than fifty-five (55) feet wide, the yard need not exceed twenty (20) percent of the width of the lot.

F.

Chimneys, air conditioning units, and fireplaces shall be allowed to encroach into side yards (on the nongated side) and rear yards, a maximum of two feet. No other structural encroachments shall be permitted in the front, rear or side yard except as provided for in Section 18.19 of Ordinance No. 348.

(3)

Except as provided above, all other zoning requirements shall be the same as those requirements identified in Article VI of Ordinance No. 348.

(Ord. No. 348.4925, § 2c., 3-17-2020)

(1)

The uses permitted in Planning Areas 27 and 29 of Specific Plan No. 260 shall be the same as those uses permitted in Article IXb, Section 9.50 of Ordinance No. 348 except that the uses permitted pursuant to Section 9.50a. (32), (52), and (64) shall not be permitted.

(2)

The development standards for Planning Areas 27 and 29 of Specific Plan No. 260 shall be the same as those standards identified in Article IXb, Section 9.53 of Ordinance No. 348.

(3)

Except as provided above, all other zoning requirements shall be the same as those requirements identified in Article IXb of Ordinance No. 348.

A.

Chimneys and fireplaces shall be allowed to encroach into side yards a maximum of two feet. No other structural encroachments shall be permitted in the front, rear or side yard except as provided for in Section 18.9 of Ordinance No. 348.

(4)

Except as provided above, all other zoning requirements shall be the same as those requirements identified in Article VI of Ordinance No. 348.

(Ord. No. 348.4925, § 2d., 3-17-2020)

(1)

The uses permitted in Planning Areas 13, 19, 30 and 44 of Specific Plan No. 260 shall be the same as those uses permitted in Article XI, Section 11.2 of Ordinance No. 348, except that the uses permitted pursuant to Section 11.2.b.(1) c.(1), (3), (4) and (6), d.(1), g., h.(3), (4), (6) and (8), k., and m.(1), (3), (4) and (9); and 11.2.b(2)c., k., and l. shall not be permitted.

(2)

The development standards for Planning Areas 13, 19, 30 and 44 of Specific Plan No. 260 shall be the same as those standards identified in Article XI, Section 11.4 of Ordinance No. 348.

(3)

Except as provided above, all other zoning requirements shall be the same as those requirements identified in Article XI of Ordinance No. 348.

(Ord. No. 348.4925, § 2e., 3-17-2020)

(1)

The uses permitted in Planning Area 31 of Specific Plan No. 260 shall be the same as those permitted in Article IXb, Section 9.50 of Ordinance No. 348, except that the uses permitted pursuant to Section 9.50.a. (32), (52) and (64) shall not be permitted. In addition, the permitted uses identified under Section 9.50b. shall also include self-storage facilities and mini-warehouse structures.

(2)

The development standards for Planning Area 31 of Specific Plan No. 260 shall be the same as those identified in Article IXb, Section 9.53 of Ordinance No. 348.

(3)

Except as provided above, all other zoning requirements shall be the same as those requirements identified in Article IXb of Ordinance No. 348.

(Ord. No. 348.4925, § 2f., 3-17-2020)

(1)

The uses permitted in Planning Area 31A shall be the same as those uses permitted in Article IXb, Section 9.50 of Ordinance No. 348, except that the uses permitted pursuant to Section 9.50.a (30), (31), (32), (52), (55), (62), (64), (82), (97), (98), and (99); and b. (1), (2), (3), (5), (7), (8), (10), (13), (14), (15), (16), (17), (18), (19), (22) and (23) shall not be permitted. In addition, the permitted uses identified under Section 9.50.a. shall also include multiple family dwellings, medical and dental offices, real estate offices, and congregate care residential facilities.

(2)

Any land division application submitted within Planning Area 31A of Specific Plan No. 260 shall be heard concurrently with a comprehensive plot plan application for the entire affected Planning Area by the Planning Commission in accordance with Section 18.30.d.(3) of Ordinance No. 348. The application for a comprehensive plot plan shall be submitted in accordance with the provisions of Section 18.30 of Ordinance No. 348 and shall also at a minimum include the following:

A.

A statement indicating how the land division and comprehensive plot plan applications implement Specific Plan No. 260 and comply with the conditions of approval for said Specific Plan.

B.

A comprehensive plot plan for the entire planning area, a conceptual grading plan and a tentative subdivision map, based upon a contour interval no greater than four feet which in addition to the Requirements of Ordinance No. 460 and Section 18.30 of Ordinance No. 348 include:

i.

The proposed lots including lot lines and proposed easement, if any;

ii.

Building footprints;

iii.

Floor plan assignments;

iv.

Pad elevations, street grades and cut and fill slopes in excess of one foot in vertical height;

v.

The proposed uses, their location and architectural designs;

vi.

The proposed internal circulation system; and,

vii.

Buffers, if any.

C.

A design manual which includes:

i.

A description of residential floor plans and their mix;

ii.

The lot and building calculations for each lot and building as follows:

(a)

Lot area and lot pad area;

(b)

Building footprint area;

(c)

Percentage of lot coverage;

(d)

Front setback;

(e)

Useable rear yard area and depth; and,

(f)

Building square footage for commercial and residential uses.

iii.

A fencing plan including details of proposed materials to be used;

iv.

dimensioned conceptual floor plans and elevations, including details of proposed materials for evaluations, and square footages and heights of individual units; and,

v.

a proposed phasing plan showing the planned sequence of subdivision map recordation and development.

(3)

The development standards for commercial uses within Planning Area 31A of Specific Plan No. 260 shall be the same as those standards identified in Article IXb, Section 9.53 of Ordinance No. 348. For purposes of this chapter amendment, a commercial use shall be defined as development which includes any permitted use other than multiple family dwellings or apartments.

(4)

The development standards for residential uses and combined residential and commercial uses within Planning Area 31A of Specific Plan No. 260 shall be as follows:

A.

The minimum lot area shall be seven thousand two hundred (7,200) square feet with a minimum average width of sixty (60) feet and a minimum average depth of one hundred (100) feet for all permitted uses, unless different minimums are specifically required in a particular area.

B.

The minimum front and rear yards shall be ten (10) feet for buildings that do not exceed thirty-five (35) feet in height. Any portion of a building which exceeds thirty-five (35) feet in height shall be set back from the front and rear lot lines no less than ten (10) feet plus two feet for each foot by which the height exceeds thirty-five (35) feet. The front setback shall be measured from any existing or future street line as shown on any specific street plan of the county. The rear setback shall be measured from the existing rear lot line or from any recorded alley or easement, if the rear line adjoins a street, the rear setback requirement shall be the same as required for a front setback.

C.

The minimum side yard shall be five feet for buildings that do not exceed thirty-five (35) feet in height. Any portion of a building which exceeds thirty-five (35) feet in height shall be set back from each side lot line five feet plus two feet for each foot by which the height exceeds thirty-five (35) feet; if the side yard adjoins a street, the side setback requirement shall be the same as required for a front setback. No structural encroachments shall be permitted in the front, side or rear yard except as provided in Section 18.19 of Ordinance No. 348.

D.

No lot shall have more than fifty (50) percent of its net area covered with buildings or structures.

E.

The maximum ratio of floor area to lot area shall not be greater than two to one (2:1), not including basement floor area.

F.

All buildings and structures shall not exceed fifty (50) feet in height, unless a height up to seventy-five (75) feet is specifically permitted under the provisions of Section 18.34 of Ordinance No. 348.

G.

Automobile storage space shall be provided as required by Section 18.12 of Ordinance No. 348.

H.

Interior side yards may be reduced to accommodate zero lot line or common wall situations, except that, in no case shall the reduction in side yard areas reduce the required separation between detached structures.

I.

Where the front, side or rear yard adjoins a lot zoned R-R, R-A, R-2, R-3, R-4, R-6, R-T, R-T-R, W-2-M or SP with a residential use, the minimum setback shall be twenty-five (25) feet from the property line.

J.

Setback areas may be used for driveways, parkways and landscaping.

K.

A minimum of fifteen (15) percent of the site proposed for development shall be landscaped and irrigated.

L.

Trash collection areas shall be screened by landscaping or architectural features in such a manner as not to be visible from a public street or from any adjacent residential area.

M.

Outside storage areas are prohibited.

N.

Utilities shall be installed underground except that electrical lines rated at 33 kv or greater may be installed above ground.

O.

All lighting fixtures, including spot lights, electrical reflectors and other means of illumination for signs, structures, landscaping, parking, loading, unloading and similar areas, shall be focused, directed and arranged to prevent glare or direct illumination on residential uses.

(5)

Nonsubstantial adjustments to an approved project's design are permitted subject to the approval of a minor change pursuant to Ordinance No. 460. For purposes of this section, "Nonsubstantial adjustment" shall be defined as changes to setbacks, floor plans and elevations. All other changes including changes in concept and product type shall be submitted for review in accordance with the provisions of Ordinance No. 460 governing minor changes and revised tentative maps.

(6)

Except as provided above, all other zoning requirements shall be the same as those requirements identified in Article IXb of Ordinance No. 348.

(Ord. No. 348.4925, § 2g., 3-17-2020)

(1)

The uses permitted in Planning Areas 32 and 33B of Specific Plan No. 260 shall be the same as those uses permitted in Article VI, Section 6.1 of Ordinance No. 348, except that the uses permitted pursuant to Section 6.1.b.(1) and (3) shall not be permitted.

(2)

The development standards for Planning Areas 32 and 33B of Specific Plan No. 260 shall be the same as those standards identified in Article VI, Section 6.2 of Ordinance No. 348, except that the development

standards set forth in Article VI, Section 6.2.b., c., d., e. (2), and (4) shall be deleted and replaced by the following:

A.

Lot area shall be not less than five thousand (5,000) square feet. The minimum lot area shall be determined by excluding that portion of a lot that is used solely for access to the portion of a lot used as a building site.

B.

The minimum average width of that portion of a lot to be used as a building site shall be fifty (50) feet with a minimum average depth of eighty (80) feet. That portion of a lot used for access on "flag" lots shall have a minimum width of twenty (20) feet.

C.

The minimum frontage of a lot shall be forty-five (45) feet, except that lots fronting on knuckles or cul-desacs may have a minimum frontage of thirty-five (35) feet. Lot frontage along curvilinear streets may be measured at the building setback in accordance with zone development standards.

D.

Side yards on interior and through lots shall be not less than five feet in width. Side yards on corner and reversed corner lots shall be not less than ten (10) feet from the existing street line or from any future street line as shown on any specific plan of highways, whichever is nearer the proposed structure, upon which the main building sides, except that where the lot is less than fifty (50) feet wide, the yard need not exceed twenty (20) percent of the width of the lot.

E.

Chimneys and fireplaces shall be allowed to encroach into side yards a maximum of two feet. No other structural encroachments shall be permitted in the front, rear or side yard except as provided for in Section 18.19 of Ordinance No. 348.

In addition, the following standard shall also apply:

AA.

In no case shall more than fifty (50) percent of any lot be covered by buildings for lots with one-story buildings and in no case shall more than forty-five (45) percent of any lot be covered by buildings for lots with two-story buildings.

(3)

Except as provided above, all other zoning requirements shall be the same as those requirements identified in Article VI of Ordinance No. 348.

(Ord. No. 348.4925, § 2h., 3-17-2020)

(1)

The uses permitted in Planning Area 33A of Specific Plan No. 260 shall be the same as those uses permitted in Article VIII, Section 8.100 of Ordinance No. 348, except that the uses permitted pursuant to Section 8.100.a. and b. shall not be permitted. In addition, the permitted uses identified under Section 8.100.a. shall also include trails.

(2)

The development standards for Planning Area 33A of Specific Plan No. 260 shall be the same as those standards identified in Article VIIIe, Section 8.101 of Ordinance No. 348.

(3)

Except as provided above, all other zoning requirements shall be the same as those requirements identified in Article VIIIe of Ordinance No. 348.

(Ord. No. 348.4925, § 2i., 3-17-2020)

(1)

The uses permitted in Planning Area 34 of Specific Plan No. 260 shall be the same as those uses permitted in Article VI, Section 6.1 of Ordinance No. 348, except that the uses permitted pursuant to Section 6.1.b.(1) and (3); and d. shall not be permitted.

(2)

The development standards for Planning Area 34 of Specific Plan No. 260 shall be the same as those standards identified in Article VI, Section 6.2 of Ordinance No. 348, except that the development standards set forth in Article VI, Section 6.2.b., c., d., e.(2) and (4) shall be deleted and replaced by the following:

A.

Lot area shall be not less than five thousand (5,000) square feet. The minimum lot area shall be determined by excluding that portion of a lot that is used solely for access to the portion of a lot used as a building site.

B.

The minimum average width of that portion of a lot to be used as a building site shall be fifty (50) feet with a minimum average depth of eighty (80) feet. That portion of a lot used for access on "flag" lots shall have a minimum width of twenty (20) feet.

C.

The minimum frontage of a lot shall be forty (40) feet, except that lots fronting on knuckles or culs-de-sac may have a minimum frontage of thirty-five (35) feet. Lot frontage along curvilinear streets may be measured at the building setback in accordance with zone development standards.

D.

Side yards on interior and through lots shall be not less than five feet in width. Side yards on corner and reversed corner lots shall be not less than ten (10) feet from the existing street line or from any future street line as shown on any specific plan of highways, whichever is nearer the proposed structure, upon which the main building sides, except that where the lot is less than fifty (50) feet wide, the yard need not exceed twenty (20) percent of the width of the lot.

E.

Chimneys and fireplaces shall be allowed to encroach into side yards a maximum of two feet. No other structural encroachments shall be permitted in the front, rear or side yard except as provided for in Section 18.19 of Ordinance No. 348.

In addition, the following standards shall also apply:

AA.

In no case shall more than fifty (50) percent of any lot be covered by buildings for lots with one-story buildings and in no case shall more than forty-five (45) percent of any lot be covered by buildings for lots with two-story buildings.

(3)

Except as provided above, all other zoning requirements shall be the same as those requirements identified in Article VI of Ordinance No. 348.

(Ord. No. 348.4925, § 2j., 3-17-2020)

(1)

The uses permitted in Planning Areas 35, 37 and 40 of Specific Plan No. 260 shall be the same as those uses permitted in Article VI, Section 6.1 of Ordinance No. 348, except that the uses permitted pursuant to Section 6.1.b.(1) and (3) shall not be permitted.

(2)

The development standards for Planning Areas 35, 37 and 40 of Specific Plan No. 260 shall be the same as those standards identified in Article VI, Section 6.2 of Ordinance No. 348, except that the development standards set forth in Article VI, Section 6.2.b., c., d., e.(1), (2) and (4) shall be deleted and replaced by the following:

A.

Lot area shall be not less than six thousand (6,000) square feet. The minimum lot area shall be determined by excluding that portion of a lot that is used solely for access to the portion of a lot used as a building site.

B.

The minimum average width of that portion of a lot to be used as a building site shall be fifty (50) feet with a minimum average depth of one hundred (100) feet. That portion of a lot used for access on "flag" lots shall have a minimum width of twenty (20) feet.

C.

The minimum frontage of a lot shall be fifty (50) feet, except that lots fronting on knuckles or culs-de-sac may have a minimum frontage of thirty-five (35) feet. Lot frontage along curvilinear streets may be measured at the building setback in accordance with zone development standards.

D.

The front yard shall be not less than fifteen (15) feet measured from the existing street line or from any future street line as shown on any specific plan of highways, whichever is nearer the proposed structure.

E.

Side yards on interior and through lots shall be not less than five feet in width. Side yards on corner and reversed corner lots shall be not less than ten (10) feet from the existing street line or from any future street line as shown on any specific plan of highways, whichever is nearer the proposed structure, upon which the main building sides, except that where the lot is less than fifty-five (55) feet wide, the yard need not exceed twenty (20) percent of the width of the lot.

F.

Chimneys and fireplaces shall be allowed to encroach into side yards a maximum of two feet. No other structural encroachments shall be permitted in the front, rear or side yard except as provided for in Section 18.19 of Ordinance No. 348.

(Ord. No. 348.4925, § 2k., 3-17-2020)

(1)

The uses permitted in Planning Areas 36 of Specific Plan No. 260 shall be the same as those uses permitted in Article XVb, Section 15.200 of Ordinance No. 348, except that the uses permitted pursuant to Section 15.200.c(4), (6), (11), (12), and (14) shall not be permitted.

(2)

The development standards for Planning Area 36 of Specific Plan No. 260 shall be the same as those standards identified in Article XVb, Section 15.201 of Ordinance No. 348, except that the development standards set forth in Article XVb, Section 15.201a. shall be deleted and replaced by the following:

A.

Lot area shall be not less than ten thousand (10,000) square feet. The minimum lot area shall be determined by excluding that portion of a lot that is used solely for access to the portion of a lot used as a building site.

(3)

Except as provided above, all other zoning requirements shall be the same as those requirements identified in Article XVb of Ordinance No. 348.

(Ord. No. 348.4925, § 2l., 3-17-2020)

(1)

The uses permitted in Planning Areas 10, 20 and 38 of Specific Plan No. 260 shall be the same as those uses permitted in Article VIIIe, Section 8.100 of Ordinance No. 348, except that the uses permitted in Sections 8.100.a. and 8.100.b. shall not be permitted.

(2)

The development standards for Planning Areas 10, 20 and 38 of Specific Plan No. 260 shall be the same as those standards identified in Article VIIIe, Section 8.101 of Ordinance No. 348.

(3)

Except as provided above, all other zoning requirements shall be the same as those requirements identified in Article VIIIe of Ordinance No. 348.

(Ord. No. 348.4925, § 2m., 3-17-2020)

(1)

The uses permitted in Planning Area 39 of Specific Plan No. 260 shall be the same as those uses permitted in Article VI, Section 6.1 of Ordinance No. 348, except that the uses permitted pursuant to Section 6.1.b.(1) and (3); and d. shall not be permitted. In addition, the permitted uses identified under Section 6.1.a. shall also include public schools.

(2)

The development standards for Planning Area 39 of Specific Plan No. 260 shall be the same as those standards identified in Article VI, Section 6.2 of Ordinance No. 348, except that the development standards set forth in Article VI, Section 6.2.b., c., d., e.(2) and (4) shall be deleted and replaced by the following:

A.

Lot area shall be not less than five thousand (5,000) square feet. The minimum lot area shall be determined by excluding that portion of a lot that is used solely for access to the portion of a lot used as a building site.

B.

The minimum average width of that portion of a lot to be used as a building site shall be fifty (50) feet with a minimum average depth of eighty (80) feet. That portion of a lot used for access on "flag" lots shall have a

minimum width of twenty (20) feet.

C.

The minimum frontage of a lot shall be forty-five (45) feet, except that lots fronting on knuckles or cul-desacs may have a minimum frontage of thirty-five (35) feet. Lot frontage along curvilinear streets may be measured at the building setback in accordance with zone development standards.

D.

Side yards on interior and through lots shall be not less than five feet in width. Side yards on corner and reversed corner lots shall be not less than ten (10) feet from the existing street line or from any future street line as shown on any specific plan of highways, whichever is nearer the proposed structure, upon which the main building sides, except that where the lot is less than fifty (50) feet wide, the yard need not exceed twenty (20) percent of the width of the lot.

E.

Chimneys and fireplaces shall be allowed to encroach into side yards a maximum of two feet. No other structural encroachments shall be permitted in the front, rear or side yard except as provided for in Section 18.19 of Ordinance No. 348.

In addition, the following standards shall also apply:

AA.

In no case shall more than fifty (50) percent of any lot be covered by buildings for lots with one-story buildings and in no case shall more than forty-five (45) percent of any lot be covered by buildings for lots with two-story buildings.

(3)

Except as provided above, all other zoning requirements shall be the same as those requirements identified in Article VI of Ordinance No. 348.

(Ord. No. 348.4925, § 2n., 3-17-2020)

(1)

The uses permitted in Planning Areas 41, 42, 45 and 46 of Specific Plan No. 260 shall be the same as those uses permitted in Article VI, Section 6.1 of Ordinance No. 348 except that the uses permitted pursuant to Section 6.1.b(1) and (3) shall not be permitted.

(2)

The development standards for Planning Areas 41, 42, 45 and 46 of Specific Plan No. 260 shall be the same as those standards identified in Article VI, Section 6.2 of Ordinance No. 348, except that the

development standards set forth in Article VI, Section 6.2.e.(1), (3), and (4) shall be deleted and replaced by the following:

A.

The front yard shall be not less than fifteen (15) feet measured from the existing street line or from any future street line as shown on any specific plan of highways, whichever is nearer the proposed structure.

B.

Rear yards shall be not less than twenty (20) feet.

(Ord. No. 348.4925, § 2o., 3-17-2020)

17.73.160 - Planning Area 43.

(1)

The uses permitted in Planning Areas 11, 12 and 43 of Specific Plan No. 260 shall be the same as those uses permitted in Article X, Sections 10.1 and 10.2 of Ordinance No. 348, except that the uses permitted pursuant to Section 10.1.a.(1.), b and c. shall not be permitted.

(2)

The development standards for Planning Areas 11, 12 and 43 of Specific Plan No. 260 shall be the same as those standards identified in Article X, Section 10.4 of Ordinance No. 348.

(3)

Except as provided above, all other zoning requirements shall be the same as those requirements identified in Article X of Ordinance No. 348.

(Ord. No. 348.4925, § 2p., 3-17-2020)

Chapter 17.76 - SP ZONE REQUIREMENTS AND STANDARDS FOR SPECIFIC PLAN NO. 286[[4]]

Footnotes:

--- ( 4 ) ---

Editor's note— Ord. No. 348.4822, § 2, adopted February 2, 2016, amended chapter 17.76 in its entirety to read as herein set out. Former chapter 17.76, §§ 17.76.010—17.76.170, pertained to similar subject matter. See Code Comparative Table and Disposition List for complete derivation.

(1)

The uses permitted in Planning Areas 1, 3 and 6 of Specific Plan No. 286 shall be the same as those standards identified in Article VI, Section 6.1 of Ordinance No. 348, except that uses permitted pursuant to

Sections 6.1.b.(1) and (3); and d. shall not be permitted.

(2)

The development standards for Planning Areas 1, 3 and 6 of Specific Plan No. 286 shall be the same as those permitted in Article VI, Section 6.2 of Ordinance No. 348, except that the development standards set forth in Article VI, Section 6.2.b., c., d. and e. (1), (2), (3) and (4) shall be deleted and replaced by the following:

A.

The minimum front yard setback to a habitable portion of the main building shall be fifteen (15) feet measured from the right of way.

B.

The minimum front yard setback for garages shall be twenty (20) feet measured from the right of way.

C.

Lot area shall be not less than five thousand (5,000) square feet. The minimum lot area shall be determined by excluding that portion of a lot that is used solely for access to the portion of a lot used as a building site.

D.

The minimum average width of that portion of a lot to be used as a building site shall be fifty (50) feet with a minimum average depth of eighty (80) feet. That portion of a lot used for access on flag lots shall have a minimum width of twenty (20) feet.

E.

The minimum frontage of a lot shall be forty (40) feet except that lots fronting on knuckles or cul-de-sacs may have a minimum frontage of thirty-five (35) feet and flag lots may have a minimum frontage of twenty (20) feet.

F.

Side yards on interior and through lots shall be not less than five feet in width.

G.

Side yards on corner and reversed corner lots shall be not less than ten (10) feet from the existing street line or from any future street line as shown on any Specific Plan of Highways, whichever is nearer the proposed structure, upon which the main building sides, except where the lot is less than fifty (50) feet wide, the yard need not exceed twenty (20) percent of the width of the lot.

H.

The rear yard shall be not less than fifteen (15) feet if adjacent to a greenbelt or other open space identified in Specific Plan No. 286. Otherwise, the rear yard shall not be less than twenty (20) feet.

I.

Chimneys and fireplaces shall be allowed to encroach into side yards a maximum of two feet. No other structural encroachments shall be permitted in the front, rear or side yard except as provided for in Section 18.19 of Ordinance No. 348.

In addition, the following standard shall also apply:

AA.

Lot coverage shall not exceed fifty (50) percent for one-story buildings.

(3)

Except as provided above, all other zoning requirements shall be the same as those requirements identified in Article VI of Ordinance No. 348.

(Ord. No. 348.4822, § 2a., 2-2-16)

17.76.020 - Planning Areas 2A, 2C, 20, 22, 25, 35A, 35B, 52A and 52B.

(1)

The uses permitted in Planning Areas 2A, 2C, 20, 22, 25, 35A, 35B, 52A and 52B of Specific Plan No. 286 shall be the same as those uses permitted in Article VIIIe, Section 8.100 of Ordinance No. 348, except that uses permitted pursuant to Sections 8.100.a.(1), (2), (3), (4), (5) and (8); b.(1); and c.(1) shall not be permitted. In addition, the permitted uses identified under Section 8.100.a. shall include undeveloped open space and drainage areas.

(2)

The development standards for Planning Areas 2A, 2C, 20, 22, 25, 35A, 35B, 52A and 52B of Specific Plan No. 286 shall be the same as those standards identified in Article VIIIe, Section 8.101 of Ordinance No. 348.

(3)

Except as provided above, all other zoning requirements shall be the same as those requirements identified in Article VIIIe of Ordinance No. 348.

(Ord. No. 348.4822, § 2b., 2-2-16)

(1)

The uses permitted in Planning 4, 27 and 34 of Specific Plan No. 286 shall be the same as those uses permitted in Article VI, Section 6.1 of Ordinance No. 348, except that uses permitted pursuant to Sections 6.1.b.(1) and (3); and d. shall not be permitted.

(2)

The development standards for Planning Areas 4, 27 and 34 of Specific Plan No. 286 shall be the same as those standards identified in Article VI, Section 6.2 of Ordinance No. 348, except that the development standards set forth in Article VI, Section 6.2.c. and e.(3) and (4) shall be deleted and replaced by the following:

A.

The minimum average width of that portion of a lot to be used as a building site shall be one hundred (100) feet with a minimum average depth of one hundred fifty (150) feet.

B.

The rear yard shall be not less than fifty (50) feet.

C.

Chimneys and fireplaces shall be allowed to encroach into side yards a maximum of two feet. No other structural encroachments shall be permitted in the front, rear or side yard except as provided for in Section 18.19 of Ordinance No. 348.

(3)

Except as provided above, all other requirements shall be the same as those requirements identified in Article VI of Ordinance No. 348.

(Ord. No. 348.4822, § 2c., 2-2-16)

17.76.040 - Planning Areas 5A, 5B, 10B, 12A, 13A, 13B, 14A, 14B, 21A, 21B, 23, 24, 32, 37, 38 and 44.

(1)

The uses permitted in Planning Areas 5A, 5B, 10B, 12A, 13A, 13B, 14A, 14B, 21A, 21B, 23, 24, 32, 37, 38 and 44 of Specific Plan No. 286 shall be the same as those uses permitted in Article VI, Section 6.1 of Ordinance No. 348, except that uses permitted pursuant to Sections 6.1.b.(1) and (3); and d. shall not be permitted. In addition, the permitted uses identified under Section 6.1.a shall also include public parks and public playgrounds.

(2)

The development standards for Planning Areas 5A, 5B, 10B, 12A, 13A 13B, 14A, 14B, 21A, 21B, 23, 24, 32, 37, 38 and 44 of Specific Plan No. 286 shall be the same as those standards identified in Article VI, Section 6.2 of Ordinance No. 348, except that the development standards set forth in Article VI, Section 6.2.e.(3) and (4) shall be deleted and replaced by the following:

A.

The rear yard shall be not less than twenty (20) feet.

B.

Chimneys and fireplaces shall be allowed to encroach into side yards a maximum of two feet. No other structural encroachments shall be permitted in the front, rear or side yard except as provided for in Section 18.19 of Ordinance No. 348.

(3)

Except as provided above, all other requirements shall be the same as those requirements identified in Article VI of Ordinance No. 348.

(Ord. No. 348.4822, § 2d., 2-2-16)

17.76.050 - Planning Areas 8 and 40.

(1)

The uses permitted in Planning Areas 8 and 40 of Specific Plan No. 286 shall be the same as those uses permitted in Article IXb, Section 9.50 of Ordinance No. 348 except that the uses permitted pursuant to Section 9.50.a.(30), (52) and (64) shall not be permitted. In addition, the permitted uses identified under Section 9.50.b. shall include mini-warehouses, trailer and boat storage, recreational vehicle storage, and vehicle storage.

(2)

The development standards for Planning Areas 8 and 40 of Specific Plan No. 286 shall be the same as those standards identified in Article IXb, Section 9.53 of Ordinance No. 348.

(3)

Except as provided above, all other zoning requirements shall be the same as those requirements identified in Article IXb of Ordinance No. 348.

(Ord. No. 348.4822, § 2e., 2-2-16)

(1)

The uses permitted in Planning Area 9 of Specific Plan No. 286 shall be the same as those uses permitted in Article VIII, Section 8.1 of Ordinance No. 348.

(2)

The development standards for Planning Area 9 of Specific Plan No. 286 shall be the same as those standards identified in Article VIII, Section 8.2 of Ordinance No. 348.

(3)

Except as provided above, all other zoning requirements shall be the same as those requirements identified in Article VIII of Ordinance No. 348.

(Ord. No. 348.4822, § 2f., 2-2-16)

(1)

The uses permitted in Planning Areas 7, 10A, 11, 19, 31, 39 and 42 of Specific Plan No. 286 shall be the same as those standards identified in Article VI, Section 6.1 of Ordinance No. 348, except that uses permitted pursuant to Sections 6.1.b.(1) and (3); and d. shall not be permitted.

(2)

The development standards for Planning Areas 7, 10A, 11, 19, 31, 39 and 42 of Specific Plan No. 286 shall be the same as those permitted in Article VI, Section 6.2 of Ordinance No. 348, except that the development standards set forth in Article VI, Section 6.2.b., c., d. and e. (2), (3) and (4) shall be deleted and replaced by the following:

A.

Lot area shall be not less than five thousand (5,000) square feet. The minimum lot area shall be determined by excluding that portion of a lot that is used solely for access to the portion of a lot used as a building site.

B.

The minimum average width of that portion of a lot to be used as a building site shall be fifty (50) feet with a minimum average depth of eighty (80) feet. That portion of a lot used for access on "flag" lots shall have minimum width of twenty (20) feet.

C.

The minimum frontage of a lot shall be forty (40) feet except that lots fronting on knuckles or cul-de-sacs may have a minimum frontage of thirty-five (35) feet and except that "flag" lots may have a minimum frontage of twenty (20) feet. Lot frontage along curvilinear streets may be measured at the building setback in accordance with zone development standards.

D.

Side yards on interior and through lots shall be not less than five feet in width. Side yards on corner and reversed corner lots shall be not less than ten (10) feet from the existing street line or from any future street line as shown on any Specific Plan of Highways, whichever is nearer the proposed structure, upon which the main building sides, except where the lot is less than fifty (50) feet wide, the yard need not exceed twenty (20) percent of the width of the lot.

E.

The rear yard shall be not less than fifteen (15) feet if adjacent to a greenbelt or other open space identified in Specific Plan No. 286. Otherwise, the rear yard shall not be less than twenty (20) feet.

F.

Chimneys and fireplaces shall be allowed to encroach into side yards a maximum of two feet. No other structural encroachments shall be permitted in the front, rear or side yard except as provided for in Section

18.19 of Ordinance No. 348.

In addition, the following standard shall also apply:

AA.

Lot coverage shall not exceed fifty (50) percent for one-story buildings.

(3)

Except as provided above, all other zoning requirements shall be the same as those requirements identified in Article VI of Ordinance No. 348.

(Ord. No. 348.4822, § 2g., 2-2-16)

17.76.080 - Planning Areas 12B, 16A, 16B, 26A, 33 and 45.

(1)

The uses permitted in Planning Areas 12B, 16A, 16B, 26A, 33 and 45 of Specific Plan No. 286 shall be the same as those uses permitted in Article VIIIe, Section 8.100 of Ordinance No. 348, except that uses permitted pursuant to Sections 8.100.a.(1), (2), and (6); and b.(1) shall not be permitted. In addition, the permitted uses identified under Section 8.100.a. shall include public parks and trails.

(2)

The development standards for Planning Areas 12B, 16A, 16B, 26A, 33 and 45 of Specific Plan No. 286 shall be the same as those standards identified in Article VIIIe, Section 8.101 of Ordinance No. 348.

(3)

Except as provided above, all other zoning requirements shall be the same as those requirements identified in Article VIIIe of Ordinance No. 348.

(Ord. No. 348.4822, § 2h., 2-2-16)

(1)

The uses permitted in Planning Areas 15, 26B and 46 of Specific Plan No. 286 shall be the same as those uses permitted in Article VI, Section 6.1 of Ordinance No. 348. In addition, the permitted uses identified under Section 6.1.a. shall also include public schools.

(2)

The development standards for Planning Areas 15, 26B and 46 of Specific Plan No. 286 shall be the same as those standards identified in Article VI, Section 6.2 of Ordinance No. 348, except that the development standards set forth in Article VI, Section 6.2.e.(3) and (4) shall be deleted and replaced by the following:

A.

The rear yard shall be not less than twenty (20) feet.

B.

Chimneys and fireplaces shall be allowed to encroach into side yards a maximum of two feet. No other structural encroachments shall be permitted in the front, rear or side yard except as provided for in Section 18.19 of Ordinance No. 348.

(3)

Except as provided above, all other zoning requirements shall be the same as those requirements identified in Article VI of Ordinance No. 348.

(Ord. No. 348.4822, § 2i., 2-2-16)

17.76.100 - Planning Area 18.

(1)

The uses permitted in Planning Area 18 of Specific Plan No. 286 shall be the same as those uses permitted in Article IXb, Section 9.50 of Ordinance No. 348, except that the uses permitted pursuant to Sections 9.50.a.(11), (23), (30), (32), (52) and (64); and b.(5) and (7) shall not be permitted. In addition, the permitted uses identified under Section 9.50.a. shall also include single-family dwellings, multiple family dwellings, congregate care residential facilities, public and private recreation areas, and paseos/trails.

(2)

The developments standards for commercial uses within Planning Area 18 of Specific Plan No. 286 shall be the same as those standards identified in Article IXb, Section 9.53 of Ordinance No. 348.

(3)

The development standards for residential uses and combined residential and commercial uses within Planning Area 18 of Specific Plan No. 286 shall be as follows:

A.

Lot area shall be not less than seven thousand two hundred (7,200) square feet for detached single-family dwellings with a minimum average width of sixty (60) feet and a minimum average depth of one hundred (100) feet.

B.

The minimum front and rear yards shall be twenty (20) feet and ten (10) feet respectively for single-family dwellings. The minimum front and rear yards shall be ten (10) feet for all other permitted uses that do not exceed thirty-five (35) feet in height. Any portion of a building that exceeds thirty-five (35) feet in height shall be set back from the front and rear lot lines no less than ten (10) feet plus two feet for each foot by which the height exceeds thirty-five (35) feet. The front setback shall be measured from any existing or future street line as shown on any specific street plan of the county. The rear setback shall be measured from the

existing rear lot line or from any recorded alley or easement; if the rear line adjoins a street, the rear setback requirement shall be the same as required for a front setback.

C.

The minimum side yard shall be five feet for buildings that do not exceed thirty-five (35) feet in height. Any portion of a building that exceeds thirty-five (35) feet in height shall be set back from each side lot line five feet plus two feet for each foot by which the height exceeds thirty-five (35) feet. If the side yard adjoins a street, the side setback requirement shall be the same as required for a front setback.

D.

No structural encroachments shall be permitted in the front, side or rear yards except as provided in Section 18.19 of Ordinance No. 348.

E.

No lot shall have more than fifty (50) percent of its net area covered with building or structures.

F.

The maximum ratio of floor area to lot area shall not be greater than two to one (2:1), not including basement floor area.

G.

All buildings and structures shall not exceed fifty (50) feet in height, unless a height up to seventy-five (75) feet is specifically permitted under the provisions of Section 18.34 of Ordinance No. 348.

H.

Automobile storage space shall be provided as required by Section 18.12 of Ordinance No. 348.

I.

Interior side yards may be reduced to accommodate zero lot line or common wall situations, except that, in no case shall the reduction in side yard areas reduce the required separation between detached structures.

J.

Setback areas may be used for driveways, parking and landscaping.

K.

A minimum of fifteen (15) percent of the site proposed for development shall be landscaped and irrigated.

L.

Trash collection areas shall be screened by landscaping or architectural features in such a manner as not to be visible from a public street or from any adjacent residential area.

M.

Outside storage areas are prohibited.

N.

Utilities shall be installed underground except that electrical lines rated at 33kV or greater may be installed above ground.

O.

All lighting fixtures, including spot lights, electrical reflectors and other means of illumination for signs, structures, landscaping, parking, loading, unloading and similar areas, shall be focused, directed and arranged to prevent glare to direct illumination on residential uses.

(4)

Except as provided above, all other zoning requirement shall be the same as those requirements identified in Article IXb of Ordinance No. 348.

(Ord. No. 348.4822, § 2j., 2-2-16)

17.76.110 - Planning Areas 28 and 30.

(1)

The uses permitted in Planning Areas 28 and 30 of Specific Plan No. 286 shall be the same as those uses permitted in Article VI, Section 6.1 of Ordinance No. 348, except that uses permitted pursuant to Sections 6.1.b.(1) and (3); and d. shall not be permitted.

(2)

The development standards for Planning Areas 28 and 30 of Specific Plan No. 286 shall be the same as those standards identified in Article VI, Section 6.2 of Ordinance No. 348, except that the development standards set forth in Article VI, Section 6.2.b., c., d. and e.(2) and (3) shall be deleted and replaced by the following:

A.

Lot area shall be not less than twenty thousand (20,000) square feet. The minimum lot area shall be determined by excluding that portion of a lot that is used solely for access to the portion of a lot used as a building site.

B.

The minimum average width of that portion of a lot to be used as a building site shall be one hundred (100) feet with a minimum average depth of one hundred fifty (150) feet. That portion of a lot used for access on flag lots shall have a minimum width of twenty (20) feet.

C.

The side yard shall not be less than ten (10) feet.

D.

The rear yard shall not be less than fifty (50) feet.

(3)

Except as provided above, all other zoning requirements shall be the same as those requirements identified in Article VI of Ordinance No. 348.

(Ord. No. 348.4822, § 2k., 2-2-16)

(1)

The uses permitted in Planning Area 29 of Specific Plan No. 286 shall be the same as those uses permitted in Article VI, Section 6.1 of Ordinance No. 348, except that uses permitted pursuant to Section 6.1.b.(1), (3) and d. shall not be permitted.

(2)

The development standards for Planning Area 29 of Specific Plan No. 286 shall be the same as those standards identified in Article VI, Section 6.2 of Ordinance No. 348, except that the development standards set forth in Article VI, Section 6.2.b., c., d. and e.(2), (3) and (4) shall be deleted and replaced by the following:

A.

Lot area shall be not less than two and one-half gross acres. The minimum lot area shall be determined by excluding that portion of a lot that is used solely for access to the portion of a lot used as a building site.

B.

The minimum average width of that portion of a lot to be used as a building site shall be fifty (50) feet with a minimum average depth of eighty (80) feet.

C.

The minimum frontage of a lot shall be forty (40) feet.

D.

Side yards on interior and through lots shall be not less than five feet in width.

E.

Side yards on corner and reversed corner lots shall be not less than ten (10) feet from the existing street line or from any future street line as shown on any Specific Plan of Highways, whichever is nearer the

proposed structure, upon which the main building sides, except where the lot is less than fifty (50) feet wide, the yard need not exceed twenty (20) percent of the width of the lot.

F.

The rear yard shall be not less than fifteen (15) feet if adjacent to a greenbelt or other open space identified in Specific Plan No. 286. Otherwise, the rear yard shall not be less than twenty (20) feet.

G.

Chimneys and fireplaces shall be allowed to encroach into side yards a maximum of two feet. No other structural encroachments shall be permitted in the front, rear or side yard except as provided for in Section 18.19 of Ordinance No. 348.

In addition, the following standard shall also apply:

AA.

Lot coverage shall not exceed fifty (50) percent.

(3)

Except as provided above, all other zoning requirements shall be the same as those requirements identified in Article VI of Ordinance No. 348.

(Ord. No. 348.4822, § 2l., 2-2-16)

17.76.130 - Planning Area 36.

(1)

The uses permitted in Planning Area 36 of Specific Plan No. 286 shall be the same as those uses permitted in Article IXb, Section 9.50 of Ordinance No. 348 except that the uses permitted pursuant to Section 9.50.a. (30), (52) and (64) shall not be permitted.

(2)

The development standards for Planning Area 36 of Specific Plan No. 286 shall be the same as those standards identified in Article IXb, Section 9.53 of Ordinance No. 348.

(3)

Except as provided above, all other zoning requirements shall be the same as those requirements identified in Article IXb of Ordinance No. 348.

(Ord. No. 348.4822, § 2m., 2-2-16)

(1)

The uses permitted in Planning Area 41 of Specific Plan No. 286 shall be the same as those uses permitted in Article VIII, Section 8.1 of Ordinance No. 348.

(2)

The development standards for Planning Area 41 of Specific Plan No. 286 shall be the same as those standards identified in Article VIII, Section 8.2 of Ordinance No. 348.

(3)

The residential uses within Planning Area 41 of Specific Plan No. 286 shall comply with the development standards and also be subject to the standards for Planned Residential Developments set forth in Article XVIII, Section 18.5 of Ordinance No. 348 except that the standards set forth in Section 18.5 b. and c. shall be deleted and replaced with the following:

A.

Not less than twenty (20) percent of a project area shall be used for open area or recreational facilities, or a combination thereof. The height of buildings shall not exceed thirty-five (35) feet and the distance between buildings shall be ten (10) feet.

B.

Building setbacks from a project's interior streets and boundary lines shall be eight feet. The minimum building setback from interior drives shall be five feet.

(4)

Except as provided above, all other zoning requirements shall be the same as those requirements identified in Article VIII of Ordinance No. 348.

(Ord. No. 348.4822, § 2n., 2-2-16)

(1)

The uses permitted in Planning Area 43 of Specific Plan No. 286 shall be the same as those uses permitted in Article VI, Section 6.1 of Ordinance No. 348, except that uses permitted pursuant to Section 6.1.b.(1) and (3) and d. shall not be permitted.

(2)

The development standards for Planning Area 43 of Specific Plan No. 286 shall be the same as those standards identified in Article VI, Section 6.2 of Ordinance No. 348, except that the development standards set forth in Article VI, Section 6.2.b., c., d. and e.(2), (3) and (4) shall be deleted and replaced by the following:

A.

Lot area shall be not less than four gross acres. The minimum lot area shall be determined by excluding that portion of a lot that is used solely for access to the portion of a lot used as a building site.

B.

The minimum average width of that portion of a lot to be used as a building site shall be fifty (50) feet with a minimum average depth of eighty (80) feet.

C.

The minimum frontage of a lot shall be forty (40) feet.

D.

Side yards on interior and through lots shall be not less than five feet in width.

E.

Side yards on corner and reversed corner lots shall be not less than ten (10) feet from the existing street line or from any future street line as shown on any Specific Plan of Highways, whichever is nearer the proposed structure, upon which the main building sides, except where the lot is less than fifty (50) feet wide, the yard need not exceed twenty (20) percent of the width of the lot.

F.

The rear yard shall be not less than fifteen (15) feet if adjacent to a greenbelt or other open space identified in Specific Plan No. 286. Otherwise, the rear yard shall not be less than twenty (20) feet.

G.

Chimneys and fireplaces shall be allowed to encroach into side yards a maximum of two feet. No other structural encroachments shall be permitted in the front, rear or side yard except as provided for in Section 18.19 of Ordinance No. 348.

In addition, the following standard shall also apply:

AA.

Lot coverage shall not exceed fifty (50) percent.

(3)

Except as provided above, all other zoning requirements shall be the same as those requirements identified in Article VI of Ordinance No. 348.

(Ord. No. 348.4822, § 2o., 2-2-16)

(1)

The uses permitted in Planning Areas 47, 49, 50 and 51 of Specific Plan No. 286 shall be the same as those uses permitted in Article VI, Section 6.1 of Ordinance No. 348, except that uses permitted pursuant to Section 6.1.b.(1) and (3) and d. shall not be permitted.

(2)

The development standards for Planning Areas 47, 49, 50, and 51 of Specific Plan No. 286 shall be the same as those standards identified in Article VI, Section 6.2 of Ordinance No. 348, except that the development standards set forth in Article VI, Section 6.2.c., and e.(3) and (4) shall be deleted and replaced by the following:

A.

The minimum average width of that portion of a lot to be used as a building site shall be sixty (60) feet with a minimum average depth of one hundred (100) feet. However, for areas immediately adjacent to low density residential as shown on Figure 4-10 of Specific Plan No. 286, the minimum average width of that portion of the lot to be used as a building site shall be one hundred (100) feet with a minimum average depth of one hundred fifty (150) feet. That portion of a lot used for access on "flag" lots shall have minimum width of twenty (20) feet.

B.

The rear yard shall be not less than twenty (20) feet. However, for areas immediately adjacent to lowdensity residential as shown on Figure 4-10 of Specific Plan No. 286, the rear yard shall not be less than fifty (50) feet.

C.

Chimneys and fireplaces shall be allowed to encroach into side yards a maximum of two feet. No other structural encroachments shall be permitted in the front, rear or side yard except as provided for in Section 18.19 of Ordinance No. 348.

(3)

Except as provided above, all other zoning requirements shall be the same as those requirements identified in Article VI of Ordinance No. 348.

(Ord. No. 348.4822, § 2p., 2-2-16)

(1)

The uses permitted in Planning Area 48 of Specific Plan No. 286 shall be the same as those uses permitted in Article IXb, Section 9.50 of Ordinance No. 348, except that the uses permitted pursuant to Section 9.50.a.(14), (19), (22), (25), (29), (30), (37), (41), (43), (44), (49), (50), (52), (54), (62), (64), (69), (71), (72), (80), (85), and (91); b.(1), (2), (6), (7), (9), (13), (17), and (18) shall not be permitted.

(2)

The development standards for Planning Area 48 of Specific Plan No. 286 shall be the same as those standards identified in Article IXb, Section 9.53 of Ordinance No. 348.

(3)

Except as provided above, all other zoning requirements shall be the same as those requirements identified in Article IXb of Ordinance No. 348.

(Ord. No. 348.4822, § 2q., 2-2-16)

Chapter 17.78 - SP ZONE REQUIREMENTS AND STANDARDS FOR SPECIFIC PLAN NO. 301

Sections:

17.78.010 - Planning Areas 1, 7A, 7B and 8.

A.

The uses permitted in Planning Areas 1, 7A, 7B, and 8 of Specific Plan No. 301 shall be the same as those uses permitted in Article VI, Section 6.1 of Ordinance No. 348, except that the uses permitted pursuant to Sections 6.1(a)(3), (b)(1), (3) and (4), and (c)(1) shall not be permitted.

B.

The development standards for Planning Areas 1, 7A, 7B, and 8 of Specific Plan No. 301 shall be the same as those standards identified in Article VI, Section 6.2 of Ordinance No. 348, except that the development standards set forth in Article VI, Sections 6.2(c) and (e)(4) shall be deleted and replaced by the following:

1.

The minimum average width of that portion of a lot to be used as a building site shall be sixty (60) feet with a minimum average depth of one hundred (100) feet. "Flag" lots shall not be permitted;

2.

Chimneys and fireplaces shall be allowed to encroach into side yards a maximum of two feet. No other structural encroachments shall be permitted in the front, side or rear yard except as provided for in Section 18.19 of Ordinance No. 348.

In addition, the following development standards shall also apply:

a.

In no case shall more than fifty (50) percent of any lot be covered by buildings or structures that are singlestory and forty-five (45) percent for those that are two-story,

b.

Lots shall have a minimum usable pad area of not less than seven thousand (7,000) square feet,

c.

Interior side yards may be reduced to accommodate zero lot line situations, except that, in no case shall the reduction in the side yard areas reduce the separation between structures to less than ten (10) feet.

C.

Except as provided above, all other zoning requirements shall be the same as those requirements identified in Article VI, respectively of Ordinance No. 348.

(Ord. 348.4584 § 1 (part), 2008)

A.

The uses permitted in Planning Areas 2 and 6 of Specific Plan No. 301 shall be the same as those uses permitted in Article VI, Section 6.1 of Ordinance No. 348, except that the uses permitted pursuant to Sections 6.1(a)(3), (b)(1), (3) and (4), and (c)(1) shall not be permitted.

B.

The development standards for Planning Areas 2 and 6 of Specific Plan No. 301 shall be the same as those standards identified in Article VI, Section 6.2 of Ordinance No. 348, except that the development standards set forth in Article VI, Sections 6.2(b), (c), (d), and (e)(2) and (4) shall be deleted and replaced by the following:

1.

Lot area shall be not less than six thousand (6,000) square feet. The minimum lot area shall be determined by excluding that portion of a lot that is used solely for access to the portion of a lot used as a building site;

2.

The minimum average width of that portion of the lot to be used as a building site shall be fifty (50) feet with a minimum average depth of ninety (90) feet. "Flag" lots shall not be permitted;

3.

The minimum frontage of a lot shall be fifty (50) feet, except that lots fronting on knuckles or culs-de-sac may have a minimum frontage of thirty-five (35) feet. Lot frontage along curvilinear streets may be measured at the building setback in accordance with zone development standards;

4.

Side yards on interior and through lots shall be not less than five feet in width. Side yards on corner and reversed corner lots shall be not less than ten (10) feet from the existing street line or from any future street line as shown on any specific plan of highways, whichever is nearer the proposed structure, upon which the main building sides, except that where the lot is less than fifty (50) feet wide, the yard need not exceed twenty (20) percent of the width of the lot;

5.

Chimneys and fireplaces shall be allowed to encroach into side yards a maximum of two feet. No other structural encroachments shall be permitted in the front, side or rear yard except as provided for in Section 18.19 of Ordinance No. 348.

In addition, the following development standards shall also apply:

a.

In no case shall more than fifty (50) percent of any lot be covered by buildings or structures that are singlestory and forty-five (45) percent for those that are two-story,

b.

Lots shall have a minimum net usable pad area of not less than ninety-seven (97) percent of the minimum lot area of the zone,

c.

Interior side yards may be reduced to accommodate zero lot line situations, except that, in no case shall the reduction in the side yard areas reduce the separation between structures to less than ten (10) feet.

C.

Except as provided above, all other zoning requirements shall be the same as those requirements identified in Article VI of Ordinance No. 348.

(Ord. 348.4584 § 1 (part), 2008)

17.78.030 - Planning Area 3.

A.

The uses permitted in Planning Area 3 of Specific Plan No. 301 shall be the same as those uses permitted in Article VIII, Section 8.1 of Ordinance No. 348, except that the uses permitted pursuant to Sections 8.1(a) (3), (25), (b)(1), (3) and (4), and (c) shall not be permitted.

B.

The development standards for Planning Area 3 of Specific Plan No. 301 shall be the same as those standards identified in Article VIII, Section 8.2 of Ordinance No. 348, except that the development standards set forth in Article VII, Sections 8.2(a), (c), and (d) shall be deleted and replaced by the following:

1.

The minimum lot area shall be five thousand (5,000) square feet with a minimum average width of forty-five (45) feet and a minimum average depth of ninety (90) feet;

2.

Side yards on interior and through lots shall be not less than five feet in width. Side yards on corner and reversed corner lots shall be not less than ten (10) feet from the existing street line or from any future street line as shown on any specific plan of highways, whichever is nearer the proposed structure, upon which the main building sides, except that where the lot is less than forty-five (45) feet wide, the yard need not exceed twenty (20) percent of the width of the lot. No other structural encroachments shall be permitted in the front, side or rear yard except as provided for in Section 18.19 of Ordinance No. 348;

3.

All buildings and structures shall not exceed two stories or thirty-five (35) feet in height.

In addition, the following development standard shall also apply:

a.

Lots shall have a minimum net usable pad area of not less than ninety-seven (97) percent of the minimum lot size;

b.

The minimum frontage of a lot shall be forty-five (45) feet, except that lots fronting on knuckles or culs-desac may have a minimum frontage of thirty-five (35) feet.

Lot frontage along curvilinear streets may be measured at the building setback in accordance with zone development standards.

Except as provided above, all other zoning requirements shall be the same as those requirements identified in Article VIII of Ordinance No. 348.

(Ord. 348.4584 § 1 (part), 2008)

17.78.040 - Planning Areas 4A, 4B, 10, 13, 22C, 27A, 27C, 27D, 27E, 27F, 38, 39A, 39B, 42A, 42B, 42C, 42D and 42E.

A.

The uses permitted in Planning Areas 4A, 4B, 10, 13, 22C, 27A, 27C, 27D, 27E, 27F, 38, 39A, 39B, 42A, 42B, 42C, 42D, and 42E of Specific Plan No. 301 shall be the same as those uses permitted in Article VIIIe, Section 8.100 of Ordinance No. 348, except that the uses permitted pursuant to Sections 8.100(a)(1), (2), (6) and (8), (b)(1) and (c)(1) shall not be permitted. In addition, the permitted uses identified under Section 8.100(a) shall also include detention areas, greenbelts, lakes, open space and public parks.

B.

The development standards for Planning Areas 4A, 4B, 10, 13, 22C, 27A, 27C, 27D, 27E, 27F, 38, 39A, 39B, 42A, 42B, 42C, 42D and 42E of Specific Plan No. 301 shall be the same as those standards identified in Article VIIIe, Section 8.101 of Ordinance No. 348.

C.

Except as provided above, all other zoning requirements shall be same as those requirements identified in Article VIIIe of Ordinance No. 348.

(Ord. 348.4584 § 1 (part), 2008)

17.78.050 - Planning Areas 5A, 5B, 9, 22B, 26 and 37.

A.

The uses permitted in Planning Areas 5A, 5B, 9, 22B, 26, and 37 of Specific Plan No. 301 shall be the same as those uses permitted in Article VIIIe, Section 8.100 of Ordinance No. 348, except that the uses permitted pursuant to Sections 8.100(a)(1), (2), (6) and (8), (b)(1) and (c)(1) shall not be permitted. In addition, the permitted uses identified under Section 8.100(a) shall also include public parks and trails.

B.

The development standards for Planning Areas 5A, 5B, 9, 22B, 26, and 37 of Specific Plan No. 301 shall be the same as those standards identified in Article VIIIe, Section 8.101 of Ordinance No. 348.

C.

Except as provided above, all other zoning requirements shall be the same as those requirements identified in Article VIIIe of Ordinance No. 348.

(Ord. 348.4584 § 1 (part), 2008)

17.78.060 - Planning Area 11.

A.

The uses permitted in Planning Area 11 of Specific Plan No. 301 shall be the same as those uses permitted in Article VIIIe, Section 8.100 of Ordinance No. 348 except that uses permitted pursuant to Sections 8.100(a)(1), (4), (6) and (8), (b)(1) and (c)(1) shall not be permitted. In addition, the permitted uses identified under Section 8.100(a) shall also include open space.

B.

The development standards for Planning Area 11 of Specific Plan No. 301 shall be the same as those standards identified in Article VIIIe, Section 8.101 of Ordinance No. 348.

C.

Except as provided above, all other zoning requirements shall be the same as those requirements identified in Article VIIIe of Ordinance No. 348.

(Ord. 348.4584 § 1 (part), 2008)

A.

The uses permitted in Planning Area 12A of Specific Plan No. 301 shall be the same as those uses permitted in Article VI, Section 6.1 of Ordinance No. 348, except that the uses permitted pursuant to Sections 6.1(a)(3) and (7), (b)(1), (3) and (4), and (c)(1) shall not be permitted.

B.

The development standards for Planning Area 12A of Specific Plan No. 301 shall be the same as those standards identified in Article VI, Section 6.2 of Ordinance No. 348, except that the development standards set forth in Article VI, Sections 6.2(b), (c), (d), and (e)(2), and (4) shall be deleted and replaced by the following:

1.

Lot area shall be not less than five thousand (5,000) square feet. The minimum lot area shall be determined by excluding that portion of a lot that is used solely for access to the portion of a lot used as a building site;

2.

The minimum average width of that portion of the lot to be used as a building site shall be forty-five (45) feet with a minimum average depth of ninety (90) feet. "Flag" lots shall not be permitted;

3.

The minimum frontage of a lot shall be forty-five (45) feet, except that lots fronting on knuckles or culs-desac may have a minimum frontage of thirty-five (35) feet. Lot frontage along curvilinear streets may be measured at the building setback in accordance with zone development standards;

4.

Side yards on interior and through lots shall be not less than five feet in width. Side yards on corner and reversed corner lots shall be not less than ten (10) feet from the existing street line or from any future street line as shown on any specific plan of highways, whichever is nearer the proposed structure, upon which the main building sides, except that where the lot is less than forty-five (45) feet wide, the yard need not exceed twenty (20) percent of the width of the lot. Chimneys and fireplaces shall be allowed to encroach into side yards a maximum of two feet. No other structural encroachments shall be permitted in the front, side or rear yard except as provided for in Section 18.19 of Ordinance No. 348.

In addition, the following development standard shall also apply:

a.

In no case shall more than fifty (50) percent of any lot be covered by buildings or structures that are singlestory and forty-five (45) percent for two-story,

b.

Lots shall have a minimum net usable pad area of not less than ninety-seven (97) percent of the minimum lot area size.

C.

Except as provided above, all other zoning requirements shall be the same as those requirements identified in Article VI of Ordinance No. 348.

(Ord. 348.4584 § 1 (part), 2008)

A.

The uses permitted in Planning Area 12B of Specific Plan No. 301 shall be the same as those uses permitted in Article VIII, Section 8.1 of Ordinance No. 348, except that the uses permitted pursuant to Sections 8.1(a)(3), (b)(1), (3) and (4), and (c) shall not be permitted.

B.

The development standards for Planning Area 12B of Specific Plan No. 301 shall be the same as those standards identified in Article VIII, Section 8.2 of Ordinance No. 348, except that the development standards set forth in Article VII, Sections 8.2(a), (c), and (d) shall be deleted and replaced by the following:

1.

The minimum lot area shall be five thousand (5,000) square feet;

2.

Side yards on interior and through lots shall be not less than five feet in width. Side yards on corner and reversed corner lots shall be not less than ten (10) feet from the existing street line or from any future street line a shown on any specific plan of highways, whichever is nearer the proposed structure, upon which the main building sides, except that where the lot is less than forty-five (45) feet wide, the yard need not exceed twenty (20) percent of the width of the lot. Chimneys and fireplaces shall be allowed to encroach into side yards a maximum of two feet. No other structural encroachments shall be permitted in the front, side or rear yard except as provided for in Section 18.19 of Ordinance No. 348.

In addition, the following development standard shall also apply:

a.

Lots shall have a minimum net usable pad area of not less than ninety-seven (97) percent of the minimum lot size,

b.

The minimum frontage of a lot shall be forty-five (45) feet, except that the fronting on knuckles or culs-desac may have a minimum frontage of thirty-five (35) feet measured along the right-of-way line. Lot frontage along curvilinear streets may be measured at the building setback in accordance with zone development standards.

C.

Except as provided above, all other zoning requirements shall be the same as those requirements identified in Article VIII of Ordinance No. 348.

(Ord. 348.4584 § 1 (part), 2008)

17.78.090 - Planning Areas 14, 17, 22A, 23, 24, 31, 32, 33, 35 and 36.

A.

The uses permitted in Planning Areas 14, 17, 22A, 23, 24, 31, 32, 33, 35 and 36 of Specific Plan No. 301 shall be the same as those uses permitted in Article VI, Section 6.1 of Ordinance No. 348, except that the uses permitted pursuant to Sections 6.1(a)(3), (b)(1), (3) and (4) and (c)(1) shall not be permitted.

B.

The development standards for Planning Areas 14, 17, 22A, 23, 24, 31, 32, 33, 35 and 36 of Specific Plan No. 301 shall be the same as those standards identified in Article VI, Section 6.2 of Ordinance No. 348, except that the development standards set forth in Article VI, Sections 6.2(c), 6.2(e)(1) and (4) shall be deleted and replaced by the following:

1.

The minimum average width of that portion of a lot to be used as a building site shall be sixty (60) feet with a minimum average depth of one hundred (100) feet. "Flag" lots shall not be permitted;

2.

The front yard for living areas and porches shall not be less than fifteen (15) feet from the existing street line or from any future street line as shown on any specific plan of highways, whichever is nearer the proposed structure. The face of the garage shall be setback twenty (20) feet. In a side-entry garage condition, the front yard shall not be less than fifteen (15) feet. For corner lots, the front yard setback shall only apply from the front of the building to the lot frontage. The distance from the street-side corner of the building to the lot corner cutback shall be considered a portion of the side yard and adhere to side yard setback requirements;

3.

Chimneys, fireplaces, media niches, and air conditioning units shall be allowed to encroach into side and rear yards a maximum of two feet. No other structural encroachments shall be permitted in the front, side or rear yard except as provided for in Section 18.19 of Ordinance No. 348.

In addition, the following development standards shall also apply:

a.

In no case shall more than fifty (50) percent of any single-story and forty-five (45) percent of any two-story lot be covered by buildings or structures,

b.

Lots shall have a minimum usable pad area of not less than seven thousand (7,000) square feet,

c.

Interior side yards may be reduced to accommodate zero lot line situations, except that, in no case shall the reduction in the side yard areas reduce the separation between structures to less than ten (10) feet.

C.

Except as provided above, all other zoning requirements shall be the same as those requirements identified in Article VI, respectively of Ordinance No. 348.

(Ord. 348.4584 § 1 (part), 2008)

17.78.100 - Planning Areas 15, 20, 25 and 29.

A.

The uses permitted in Planning Areas 15, 20, 25 and 29 of Specific Plan No. 301 shall be the same as those uses permitted in Article VI, Section 6.1 of Ordinance No. 348, except that the uses permitted pursuant to Sections 6.1(a)(3) and (7), (b)(1), (3) and (4), and (c)(1) shall not be permitted.

B.

The development standards for Planning Areas 15, 20, 25, and 29 of Specific Plan No. 301 shall be the same as those standards identified in Article VI, Section 6.2 of Ordinance No. 348, except that the development standards set forth in Article VI, Sections 6.2(b), (c), (d), and (e)(1), (2) and (4) shall be deleted and replaced by the following:

1.

Lot area shall be not less than five thousand (5,000) square feet. The minimum lot area shall be determined by excluding that portion of a lot that is used solely for access to the portion of a lot used as a building site;

2.

The minimum average width of that portion of the lot to be used as a building site shall be fifty (50) feet with a minimum average depth of ninety (90) feet. "Flag" lots shall not be permitted;

3.

The minimum frontage of a lot shall be fifty (50) feet, except that lots fronting on knuckles or culs-de-sac may have a minimum frontage of thirty-five (35) feet. Lot frontage along curvilinear streets may be measured at the building setback in accordance with zone development standards;

4.

The front yard for living areas and porches shall not be less than fifteen (15) feet from the existing street line or from any future street line as shown on any specific plan of highways, whichever is nearer the proposed structure. The face of the garage shall be setback twenty (20) feet. In a side-entry garage condition, the

front yard shall not be less than fifteen (15) feet. For corner lots, the front yard setback shall only apply from the front of the building to the lot frontage. The distance from the street-side corner of the building to the lot corner cutback shall be considered a portion of the side yard and adhere to side yard setback requirements;

5.

Side yards on interior and through lots shall be not less than five feet in width. Side yards on corner and reversed corner lots shall be not less than ten (10) feet from the existing street line or from any future street line a shown on any specific plan of highways, whichever is nearer the proposed structure, upon which the main building sides, except that where the lot is less than fifty (50) feet wide, the yard need not exceed twenty (20) percent of the width of the lot;

6.

Chimneys, fireplaces, media niches, and air conditioner units shall be allowed to encroach into side and rear yards a maximum of two feet. No other structural encroachments shall be permitted in the front, side or rear yard except as provided for in Section 18.19 of Ordinance No. 348.

In addition, the following development standard shall also apply:

a.

In no case shall more than fifty (50) percent of any lot be covered by buildings or structures that are singlestory and forty-five (45) percent for those that are two-story,

b.

Lots shall have a minimum net usable pad area of not less than ninety-seven (97) percent of the minimum lot area,

c.

Building separation between adjacent dwelling units shall not be less than eight feet provided that there is no less than a ten (10) foot building separation between the garages and any adjacent structure or dwelling. Building separation shall mean the distance between the structural portions of adjoining dwellings as measured from that point where the dwellings are nearest; provided, however, that a yard encroachment permitted under Section 18.19 of Ordinance No. 348 shall not be considered a structural portion for the determination of building separation,

d.

Interior side yards may be reduced to accommodate zero lot line situations, except that, in no case shall the reduction in side yard areas reduce the required separation between detached structures to less than ten (10) feet. C. Except as provided above, all other zoning requirements shall be the same as those requirements identified in Article VI of Ordinance No. 348.

(Ord. 348.4584 § 1 (part), 2008)

A.

The uses permitted in Planning Areas 16, 18, 19, 30, 34A and 34B of Specific Plan No. 301 shall be the same as those uses permitted in Article VI, Section 6.1 of Ordinance No. 348, except that the uses permitted pursuant to Sections 6.1(a)(3), (b)(1), (3) and (4), and (c)(1) shall not be permitted.

B.

The development standards for Planning Areas 16, 18, 19, 30, 34A, and 34B of Specific Plan No. 301 shall be the same as those standards identified in Article VI, Section 6.2 of Ordinance No. 348, except that the development standards set forth in Article VI, Sections 6.2(b), (c), (d), and (e)(1), (2), and (4) shall be deleted and replaced by the following:

1.

Lot area shall be not less than six thousand (6,000) square feet. The minimum lot area shall be determined by excluding that portion of a lot that is used solely for access to the portion of a lot used as a building site;

2.

The minimum average width of that portion of the lot to be used as a building site shall be fifty (50) feet with a minimum average depth of ninety (90) feet. "Flag" lots shall not be permitted;

3.

The minimum frontage of a lot shall be fifty (50) feet, except that lots fronting on knuckles or culs-de-sac may have a minimum frontage of thirty-five (35) feet. Lot frontage along curvilinear streets may be measured at the building setback in accordance with zone development standards;

4.

The front yard for living areas and porches shall not be less than fifteen (15) feet from the existing street line or from any future street line as shown on any specific plan of highways, whichever is nearer the proposed structure. The face of the garage shall be setback twenty (20) feet. In a side-entry garage condition, the front yard shall not be less than fifteen (15) feet. For corner lots, the front yard setback shall only apply from the front of the building to the lot frontage. The distance from the street-side corner of the building to the lot corner cutback shall be considered a portion of the side yard and adhere to side yard setback requirements;

5.

Side yards on interior and through lots shall not be less than five feet in width. Side yards on corner and reversed corner lots shall not be less than ten (10) feet from the existing street line or from any future street line as shown on any specific plan of highways, whichever is nearer the proposed structure, upon which the main building sides, except that where the lot is less than fifty (50) feet wide, the yard need not exceed twenty (20) percent of the width of the lot;

6.

Chimneys, fireplaces, media niches, and air conditioning units shall be allowed to encroach into side and rear yards a maximum of two feet. No other structural encroachments shall be permitted in the front, side or rear yard except as provided for in Section 18.19 of Ordinance No. 348.

In addition, the following development standards shall also apply:

a.

In no case shall more than fifty (50) percent of any single-story and forty-five (45) percent of any two-story lot be covered by buildings or structures,

b.

Lots shall have a minimum net usable pad area of not less than ninety-seven (97) percent of the minimum lot size,

c.

Interior side yards may be reduced to accommodate zero lot line situations, except that, in no case shall the reduction in the side yard areas reduce the separation between structures to less than ten (10) feet.

C.

Except as provided above, all other zoning requirements shall be the same as those requirements identified in Article VI of Ordinance No. 348.

(Ord. 348.4584 § 1 (part), 2008)

17.78.120 - Planning Areas 21 and 27B.

A.

The uses permitted in Planning Areas 21 and 27B of Specific Plan No. 301 shall be the same as those uses permitted in Article VIIIe, Section 8.101 of Ordinance No. 348, except that the uses permitted pursuant to Sections 8.100(a)(1), (6) and (8), (b)(1) and (c)(1) shall not be permitted. In addition, the permitted uses identified under Section 8.100(a) shall also include public parks.

B.

The development standards for Planning Areas 21 and 27B of Specific Plan No. 301 shall be the same as those standards identified in Article VIIIe, Section 8.101 of Ordinance No. 348.

C.

Except as provided above, all other zoning requirements shall be the same as those requirements identified in Article VIIIe of Ordinance No. 348.

(Ord. 348.4584 § 1 (part), 2008)